CRITICAL
(J)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0557
(Tag F0557)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policies, it was determined the facility failed to ensure one (1...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policies, it was determined the facility failed to ensure one (1) of fifty-three (53) sampled residents (Resident #6) was treated with respect and dignity and failed to ensure the resident's right to retain and use personal possessions, including clothing.
According to Resident #6, facility staff came into his/her room on 02/24/2022 and took all of his/her personal belongings to another room. Resident #6 stated he/she told staff to leave the belongings alone, and the resident refused the transfer. Resident #6 stated he/she cried and asked for his/her belongings from 02/24/2022 to 02/28/2022 until they were returned on 02/28/2022.
The facility's failure to ensure staff treated residents with dignity and respect and failure to ensure a resident's right to retain and use personal belongings has caused or is likely to cause serious injury, serious harm, or death to residents. Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
The findings include:
Review of the facility's policy titled, Resident Rights H5MAPL0768, undated, revealed the resident's right to retain and use personal possessions to the maximum extent that space and safety permit.
Review of the facility's document, Residents' Rights for Residents in Kentucky Long-Term Care Facilities, undated, revealed residents could retain the use of their personal clothing unless it would infringe upon the right of others.
Review of Resident #6's medical record revealed the facility admitted the resident, on 08/10/2021, with diagnoses which included Vertebra Fracture, Dementia, Depression, and Anxiety. Continued review of Resident #6's Quarterly Minimum Data Set (MDS), dated [DATE], revealed the resident's Brief Interview for Mental Status (BIMS) score was a fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #6, on 03/10/2022 at 10:30 AM, revealed he/she told staff not to take his/her belongings on 02/24/2022. However, the facility removed the resident's personal possessions in an attempt to move him/her to another room against his/her wishes. The staff would not return the resident's personal belongings which resulted in the resident not being able to perform routine Activities of Daily Living (ADL). Resident #6 stated he/she was not able to change his/her clothing or perform dental care until his/her belongings were returned on 02/28/2022. Resident #6 stated he/she cried and asked for his/her belongings, from the time they were taken until they were returned. Resident #6 stated he/she was told it was the Administrator's instruction to move his/her belongings to another room.
Interview with Housekeeping Staff #1, on 03/11/2022 at 9:30 AM, revealed she was told to pack Resident #6's belongings and move them to another room in the facility, on 02/24/2022. Housekeeping Staff #1 stated Resident #6 told the staff not to touch his/her belongings and stated he/she was not going to be transferred to the other room. Further interview revealed Housekeeping Staff #1 stated she informed her supervisor of the situation.
Interview with the Housekeeping Supervisor, on 03/11/2022 at 10:00 AM, revealed she talked with Resident #6 the same day she was informed the resident did not want to be transferred. The Housekeeping Supervisor stated she informed the Administrator of Resident #6's refusal to be transferred. Continued interview revealed the Administrator stated to go ahead and move Resident #6's belongings to the new room, and the resident could go and get his/her items if he/she wanted them.
Interview with SRNA (State Registered Nurse Aide) #7, on 03/15/2022 at 2:50 PM, revealed she worked with Resident #6 during the time the resident did not have his/her personal belongings. SRNA #7 stated the resident was tearful and kept asking for his/her belongings to be returned.
Interview with LPN (Licensed Practical Nurse) #2, on 03/15/2022 at 3:05 PM, revealed she worked with Resident #6 on 02/24/2022. LPN #2 stated Resident #6 was very upset about his/her belongings being taken. She stated she talked with the Administrator who stated not to return Resident #6's belongings. LPN #2 stated she informed the Administrator that Resident #6 wanted to speak to her. The LPN stated the Administrator never talked to Resident #6 during this timeframe.
Interview with SRNA #18, on 03/15/2022 at 2:25 PM, revealed she was unable to provide any care to Resident #6, nor was she able to help the resident change clothes since the resident's personal belongings were taken from the resident's room. SRNA #18 stated Resident #6 was very upset and crying, asking for his/her belongings to be returned.
Interview with SRNA #14, on 03/17/2022 at 4:00 PM, revealed Resident #6 stated it was abuse to take his/her belongings and not return them to him/her. SRNA #14 stated Resident #6 was anger and upset regarding the Administrator taking his/her personal belongings.
Interview with LPN #3, on 03/17/2022 at 6:15 PM, revealed she did not provide direct care to Resident #6. She stated she heard that the Administrator had taken Resident #6's personal belongings and did not return them to the resident and the resident was very upset.
Interview with SRNA #26, on 03/16/2022 at 4:00 PM, revealed she had just started working at the facility on 02/21/2022. SRNA #26 stated towards the end of the week, either 02/24/2022 or 02/25/2022 (Thursday or Friday), she remembered Resident #6 was supposed to be transferred to another room, but the resident refused.
Interview with SRNA #16, on 03/18/2022 at 7:47 AM, revealed she worked on Thursday and Friday nights. Review of the staffing record confirmed SRNA #16 worked on the 300 Hall on 02/24/2022. Further interview revealed that she had administered medications to Resident #6 on that night. The SRNA stated that Resident #6 was very upset about his/her belongings being moved.
Interview with Maintenance Technician #1, on 03/30/2022 at 4:13 PM, revealed it was one of his first days at the facility when Resident #6's belongings were moved from his/her room. He stated he had gone to the room to install a television for Resident #6's roommate, and Resident #6 was not in a good place. He stated Resident #6 was very angry and distressed. Continued interview revealed Resident #6 did not know who he was (the Maintenance Technician), but the resident just needed to tell somebody about the situation. He stated Resident #6 told him that he/she did not have any of his/her belongings, had not been able to brush his/her teeth or wash, and did not have his/her cell phone because they had been moved to another room by staff. Maintenance Technician #1 stated he went to the Social Services Director to get help for Resident #6. He stated the Social Services Director did go talk to the resident.
Interview with the Director of Nursing (DON), on 03/17/2022 at 4:10 PM, revealed she was unaware of Resident #6 being without his/her belongings over the weekend. She stated at the morning meeting the next day, Friday, 02/25/2022, the topic was brought up that Resident #6 had refused to be transferred from Unit 2, but his/her belongings had already been taken to another room on Unit 1. The DON stated the Administrator stated she was going to talk to Resident #6 before having his/her belongings returned.
Interview with the Administrator, on 03/13/2022 at 11:05 AM, revealed she was informed Resident #6 was refusing the room transfer. She stated she was going to talk to Resident #6, on 02/24/2022, but she forgot, and when she remembered, on 02/28/2022, she had the resident's belongings returned to him/her
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS Support Nurse.
5. All staff not available during the time of the reeducation, including agency staff, will receive education by the DON or ADONs to include a post-test upon the day of return to work prior to working the shift. New hires will receive the education during orientation. Any newly hired Administrator, Social Services Director, and/or admission Director will be provided education and a post-test during orientation.
6. The facility developed a Room Change Form. Any potential room change will be discussed with the Intra-Disciplinary Team (IDT) which included the DON, ADONs, Administrator, Social Services Director, and the admission Director. If the IDT approves, the admission Director will proceed and ensure that all belongings are moved. The IDT will review the Room Change Form at the next meeting to ensure all room moves were handled per facility policy. If a room change was emergent and after hours, the nurse will contact the Administrator, DON, or Admissions Director for approval. If approved, the Room Change Form will be completed and reviewed by the IDT at its next meeting.
7. The DON, ADON's, Staffing Coordinator, Central Supply Coordinator, and/or licensed nurse conducted audits of all room moves to determine if the resident's belongings were sent with each room change for thirty (30) days. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse conducted visual observation rounds to determine if good/services were provided, and that the residents had no concerns related to abuse daily until removal of the immediate jeopardy; these audits will be presented to the QAPI meeting daily. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse will question/interview five (5) employees on random shifts daily to determine understanding and reporting abuse. All residents will be assessed for seventy-two (72) hours post room change for adjustment and satisfaction related to room transfers by either the Social Services Director (Social Worker from a sister facility) or Licensed Nurse. The care plan will be updated with room changes to provide care related to the room change.
8. A new Dietary Director was hired on 03/21/2022. The facility contracted with a dietary consulting company, on 03/14/2022 to provide on-site food services consulting for up to six (6) weeks. The consulting company will be utilized to assist in the training of the new dietary manager to include storage, prepare, distribute, and serve food in accordance with professional standards for food service safety. The Regional Director of Operations (RDO) has had dietary managers from other buildings come to the facility to provide support and training for staff daily. The facility-initiated food handling course through efoodhandlers, approved by the local County Health Department, beginning on 03/16/2022 and completion by 03/24/2022. Any new hire will receive the education during general orientation.
9. Food temperature logs, observation of staff taking the temperature of food with each meal and food storage will be audited daily by the Dietary Manager (from sister facility). The results of these daily audits will be given to the Administrator and presented to the QAPI (Quality Assurance and Performance Improvement) Committee daily.
10. The Regional Director of Operations (RDO), Social Services Director (SSD), the DON, and/or the ADONs will report the review findings of the above audits daily to the Quality Assurance and Performance Improvement Committee which consists of the Administrator, DON, ADON, Admissions Coordinator, the Medical Director, and the Staffing Coordinator.
11. The Regional Director of Operations and Regional Clinical Operations Consultant discussed the potential plans of correction, on 03/22/2022, with the Medical Director to develop an IJ Removal Plan. The QAPI Committee met on 03/24/2022 and 03/25/2022 to review all education, interventions, and audits. The QAPI Committee will meet daily until the Immediate Jeopardy has been removed.
The State Survey Agency validated the implementation of the facility's Immediate Jeopardy (IJ) Removal Plan as follows:
1. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed she was the previous Environmental Services Director and she had Resident #6's personal belongings returned to the resident on 02/28/2022. Review of Resident #6's medical record, on 03/31/2022, revealed the Patient Health Assessment-9 (PHQ-9) was completed as well as documentation by the Licensed Mental Health Counselor. Review of Resident #49, Resident #50, Resident #40, Resident #3, Resident #72, Resident #60, and Resident #82's medical record revealed documented interviews with either the resident or their next of kin by the Licensed Mental Health Counselor. Interview with Resident #6, on 03/31/2022 at 9:30 AM, revealed he/she had spoken to the Licensed Mental Health Counselor regarding his/her belongings being moved out of the room. No concerns were noted.
2. Interview with the Regional Director of Operations (RDO) and the Interim Administrator, on 03/30/2022 at 2:53 PM, revealed the previous Administrator was terminated on 03/20/2022. The RDO/Interim Administrator provided documentation of his referral to the Kentucky Board of Licensure for Long Term Care Administrators related to the previous Administrator's actions.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed things were going smoother since the Administrator left, and stated the general feeling of staff was less tense. Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the general feeling with staff and residents was better recently. Interview with the Maintenance Technician, on 03/30/2022 at 4:13 PM, revealed things were 100% better since the Administrator left; in the last two weeks, communication was way better for maintenance now; staff seemed much happier and were willing to be at work since the Administrator was gone. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed residents and staff seemed in better spirits, staff having a better day helps residents have a better day also. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed residents seemed less tense lately and staff were less tense last week with the Administrator change.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed the atmosphere of the staff was like a weight had been lifted; residents seemed stressed and tense before and this has improved, and there were more residents participating in activities. Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed the atmosphere was so much better and staff were less on edge. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed the mood among the staff and residents was much better, like a burden had been lifted from their shoulders. She stated more residents had been coming to activities recently.
3. Review of clinical records, with dates beginning on 03/30/2022, revealed PHQ-9 assessments and documentation of interviews of all residents' charts, who had experienced a room transfer since 01/01/2022. Interview with the MDS Support Nurse, on 03/31/2022 at 11:34 AM, revealed she had completed all the PHQ-9 on residents, who had experienced a transfer within the facility since 01/01/2022 until the present on 03/22/2022.
4. Interview with the Regional Director of Operations (RDO)/Interim Administrator and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed they had provided education to the DON regarding Patient Rights, Abuse, Transfers, as well as reporting Abuse on 03/23/2022.
Interview with the DON, on 03/31/2022 at 10:45 AM, revealed the RDO and RNC provided her with the documented education and, she in turn, provided the information to the ADONs. They then started the education with the rest of the staff to ensure compliance with regulations. The DON stated she was working with the HR Manager to ensure all staff members received the required education.
Interviews on 03/30/2022 and 03/31/2022 with the MDS Coordinator at 3:38 PM, SRNA #8 at 3:50 PM, LPN #13 at 4:02 PM, LPN #5 at 4:07 PM, Maintenance Technician at 4:13 PM, Laundry Aide at 4:32 PM, LPN #7 at 4:45 PM, SRNA #9 at 4:50 PM; on 03/31/2022 with Dietary Aide (DA) #3 at 9:48 AM, Dietary Manager (RDM) at 10:28 AM, and the Activities Director at 3:14 PM revealed they had all received training about residents' rights, abuse, de-escalation, reporting abuse, care planning, social services, administration (specifically reporting abuse to administrator or above to compliance hotline or state, on room transfers, that residents' belongings should be moved, and about respect and dignity. They further revealed the leadership was rounding and quizzing them on recent education issues.
5. Interview with the Human Resource (HR) Manager, on 03/31/2022 at 2:52 PM, revealed the staff had a lot of education and she was keeping a master list to ensure all staff received all the education required before starting their shift. The DON, ADONs, and other Directors/Managers were kept up to date with which staff needed to take the required education and training and complete a posttest prior to working, by the HR Manager.
6. Interview with the Regional Director of Operations (RDO) and Interim Administrator, Admissions Coordinator (AC), and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed the facility developed a Room Change Form/procedure. Prior to a room transfer, staff would obtain permission from the resident and/or POA with a witness. Further interview revealed they would document it on the designated form, and either email (electronic mail), fax or text so that written notice was given, and then the form would be signed. If the resident refused, that would also be documented. They stated this was discussed by the Interdisciplinary Team (IDT).
7. Interview with the RNC, on 03/30/3022 at 2:53 PM, revealed leadership was conducting random rounding per the audits described in the IJ Removal Plan. The RDO/Administrator stated they used audit sheets for rounding. She stated there were multiple audit sheets to cover different areas. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed that the Corporate MDS Support Nurse was involved in reassessing residents after room transfers. Continued interview revealed residents were monitored for seventy-two (72) hours post transfer. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed with transfers, she was responsible for updating care plans with specific goals within the psychosocial focus. The MDS Coordinator stated she added care plan elements for acute issues, then documented that a particular acute issue was resolved from the care plan. She stated every resident, who had been transferred, had their care plan updated, by her or the MDS Support Nurse. Interview with SRNA #8, on 03/30/2022 at 3:50 PM, revealed residents were on 72-hour monitoring after they were moved or at admission to make sure they were not depressed or sad. SRNA #8 also stated leaders were rounding and asking staff about issues such as abuse and other things. Interview with LPN #5 on 03/30/2022 at 4:07 PM, revealed leadership was rounding and asking about the issues; care plans were being updated; and residents were being assessed for 72 hours post transfer. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed that nursing maintained 72-hour acute monitoring after a room transfer and leaders were rounding and asking questions about the training issues.
8. Interview with the Regional Director of Operations (RDO)/Interim Administrator, on 03/30/2022 at 2:53 PM, revealed a new Dietary Manager was hired and was currently in training. The RDO stated he had brought in a consulting company, for a six (6) week period, to help with training the dietary/kitchen staff, as well as having the Regional Dietary Manager and Dietary Managers from sister facilities to come to the facility to help with the training and auditing to ensure compliance with food regulations.
Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed she had received training on a lot of dietary issues including snacks; snacks coming out at 10:00 AM, 2:00 PM and 8:00 PM; diabetics needed more protein at bedtime, including having more substantial snacks offered for diabetics, also extra snacks maintained for everybody.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed the facility's food was a lot better; snacks came regularly, and nourishment rooms were well stocked with different snacks and drinks.
Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the residents were reporting the food was much better. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed food has been much better, residents had commented on improved food and when she helped pick up trays, she has noticed increased consumption. She said she had observed snacks being distributed since the survey.
Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed the food looked better. She stated stated snacks were now coming out at 10:00 AM and 2:00 PM on her shift and the nourishment rooms were better stocked.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed multiple residents had reported the meals were better.
Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed she had worked at the facility for six (6) months and there had been in-services nearly every day. Continued interview revealed instruction/reminders were posted on the walls; and, kitchen staff had received training from a corporate contractor and a Dietary Manager (DM) from another facility.
Interview on 03/31/2022 with [NAME] #2 at 10:10 AM; [NAME] #3 at 10:25 AM, and with DA #1 at 10:45 AM, all revealed they had received training on hand washing, gloves, food temperatures, dishwasher, on all the sanitizers; specifically training on holding temperatures for hot and cold foods, how to calibrate a thermometer, how to measure the temps of the food, including not touching the pan; food storage, including thawing meat on lowest shelf not above other foods; plating coverings; reading the tray cards for food preferences or specialty utensils/plates; watch for food dislikes and likes; and on the requirement to provide snacks to residents by Regional Dietary Manager (RDM) and the contracted dietary Regional Manager. They stated they had training on calibrating thermometers every morning; training on the food temperatures including being sure not to touch the bottom of the pan because it was hotter than the food; and more education on the dishwasher and sanitizer.
Interview with the Regional Dietary Manager (RDM), on 03/31/2022 at 10:28 AM, revealed he had been in this position just this week since Monday and had been in the kitchen daily since Friday. He stated he had provided trainings on the issues, every staff member now had their food handler permits as required. He further stated every kitchen employee had been provided job descriptions, so they knew what they were responsible for. He stated training was provided on food storage, temperatures, dating foods, use by dates for foods, temps required for cooking, and providing snacks. He further stated he would be checking in daily and be at the facility at least 2-3 days per week for the time being.
9. Observations beginning on 03/30/2022, revealed food being stored correctly in the coolers. Observations on 03/31/2022 at 11:30 AM, revealed staff recording temperatures correctly and recording them on temperature log sheets. Review of the log sheets revealed daily recording of all meals being documented.
10. Review of the facility's audit sheets, on 03/30/2022, revealed documentation of audits being performed daily. The sheets were turned into the Quality Assurance and Performance Improvement (QAPI) Committee.
Interview with the Regional Director of Operations (RDO)/Interim Administrator, Admissions Coordinator (AC), Regional Nurse Consultant (RNC), and the Director of Nursing (DON), on 03/31/2022 at 9:50 AM, revealed they were meeting daily to review the audits being performed. The Department Directors/Managers were going around to perform the various audits to ensure staff compliance with the recent reeducation and training. Observations of rounds, on 03/31/2022 at 11:01 AM, with SRNA Supervisor and scheduler, revealed they audited for care needs such: as care plans being implemented; residents being treated with dignity and respect; abuse and reporting it; as well, as rounding to ensure care needs were being met.
11. Interview with the Regional Director of Operations (RDO)/Interim Administrator and the Regional Clinical Operations Consultant, on 03/31/2022 at 9:30 AM, revealed they were in daily contact with the Medical Director who was coming weekly to the facility to discuss corrective action.
Interview with the Medical Director, on 03/31/2022 at 3:03 PM, revealed he was on conference call with lawyers about corrections and met with the QA Committee with plans. The Medical Director stated he was curious about why people didn't pursue resolution at lower level first. He stated, It is a work in progress. He also stated he was going to stay on the QA Committee, coming weekly from 3:00 PM on that day for however long it was necessary. Continued interview revealed he was in daily contact with the RDO. The Medical Director stated he would review applicant names for the new Administrator.
CRITICAL
(J)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Free from Abuse/Neglect
(Tag F0600)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policy/procedure, it was determined the facility failed to prote...
Read full inspector narrative →
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policy/procedure, it was determined the facility failed to protect residents from abuse and neglect for one (1) of fifty-three (53) sampled residents (Resident #6). The facility willfully deprived Resident #6 of his/her personal belongings, from 02/24/2022 to 02/28/2022. These belongings were necessary to attain or maintain his/her mental and psychosocial well-being necessary to avoid mental anguish or emotional distress. Resident #6 stated he/she felt this behavior was abuse, as well as staff, who described this behavior as abusive. Staff were aware Resident #6 was upset and cried during this time. However, the resident's belongings were not returned until 02/28/2022.
The facility's failure to provide Resident #6 with his/her personal belongings and failure to follow their policy to ensure all residents were free from abuse and neglect has caused or is likely to cause serious injury, serious harm, or death to residents.
Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
The findings include:
Review of the facility's policy titled, Identification (of Abuse), dated 11/03/2017, revealed the facility identified the potential for abuse, neglect, misappropriation of property and exploitation by reviewing the daily nursing report forms, conducting nursing rounds, and routine observations.
Review of the facility's policy titled, Reporting Abuse to Facility Management, dated 11/02/2017, revealed abuse was defined as the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm or pain or mental anguish, or deprivation by the individual, including a caretaker, of goods or services that were necessary to attain or maintain physical, mental, and psychosocial well-being. The policy defined neglect as the failure of the facility, its employees, or service providers to provide goods and services to a resident that were necessary to avoid physical harm, pain, mental, or emotional anguish.
Review of the facility's document, Abuse Policy Definitions, dated 11/02/2017, revealed willful was defined as an individual acting in a deliberate way; not that the individual must have intended to inflict injury or harm.
Review of Resident #6's medical record revealed the facility admitted the resident, on 08/10/2021, with diagnoses which included Vertebra Fracture, Dementia, Depression, and Anxiety. Review of Resident #6's Quarterly Minimum Data Set (MDS), dated [DATE], revealed the facility assessed the resident's Brief Interview for Mental Status (BIMS) score of fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #6, on 03/10/2022 at 10:30 AM, revealed facility staff removed his/her belongings, including clothing, grooming/hygiene and dental supplies, on Thursday, 02/24/2022, and did not return them until the following Monday, 02/28/2022. Resident #6 stated this was done in an attempt to make him/her move to another room. The resident stated that he/she was not able to change clothes, to perform personal hygiene, and was unable to perform oral care. Resident #6 stated he/she was very upset and hurt by the facility's actions and cried the entire weekend. The resident stated he/she told the housekeeping staff not to touch his/her belongings. Resident #6 stated he/she asked repeatedly to speak to the Administrator, as well as asked daily to have his/her personal belongings returned. Resident #6 stated he/she felt this was abuse.
Interview with the Housekeeping Supervisor, on 03/11/2022 at 10:00 AM, revealed she felt it was abusive of the Administrator to take Resident #6's personal belongings and not return them to the resident.
Interview with State Registered Nurse Aide (SRNA) #7, on 03/15/2022 at 2:50 PM, revealed she worked with Resident #6 during the time the resident did not have his/her personal belongings. SRNA #7 stated she felt this situation was abuse by taking the resident's personal belongings. The SRNA stated Resident #6 was very upset and cried repeatedly. But SRNA #7 stated she was afraid she would have been fired if she reported the abuse.
Interview with Licensed Practical Nurse (LPN) #2, on 03/15/2022 at 3:05 PM, revealed she worked with Resident #6 on 02/24/2022. LPN #2 stated Resident #6 was very upset about his/her belongings being taken. LPN #2 stated she talked with the Administrator, who stated not to return Resident #6's belongings. LPN #2 stated she informed the Administrator Resident #6 wanted to speak to her. However, the Administrator never talked to Resident #6 during this time.
Interview with SRNA #18, on 03/15/2022 at 2:25 PM, revealed she was unable to provide any care to Resident #6 nor, was she able to help the resident to change clothes since the resident's personal belongings were taken from the resident's room. SRNA #18 stated she felt this was abuse, but she was afraid to report the abuse. SRNA #18 stated other staff have been fired for reporting things.
Interview with SRNA #14, on 03/17/2022 at 4:00 PM, felt it was abusive of the Administrator to remove Resident #6's personal belongings and told staff not to return them. SRNA #14 stated Resident #6 stated it was abuse to take his/her belongings and not return them to him/her. SRNA #14 stated she was afraid to report the abuse due to being fired.
Interview with LPN #3, on 03/17/2022 at 6:15 PM, revealed she felt this was abuse and that she was aware of what constituted abuse. Interview with SRNA #11, on 03/18/2022 at 10:50 AM, and SNRA #16, on 03/18/2022 at 7:45 AM, revealed they felt taking a resident's belongings and not returning them would be considered abuse. LPN #3 stated staff were afraid to report anything due to the risk of being fired.
Interview with the Administrator, on 03/13/2022 at 11:05 AM, revealed she was informed Resident #6 was refusing the room transfer and was going to talk to Resident #6 on 02/24/2022 but she forgot, and when she remembered, on 02/28/2022, she had the resident's belongings returned. Further interview revealed the Adminstrator stated she had meant to go and talk to the resident on Friday, 02/25/2022, and if the resident still refused the transfer, she would have returned the resident's belongings then. When interviewed regarding Resident #6 having to go all weekend without his/her personal belongings, including hygiene and clean clothing, the Administrator then stated it would be considered abuse. When interviewed why she did not report the abuse, the Administrator stated she did not know.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS Support Nurse.
5. All staff not available during the time of the reeducation, including agency staff, will receive education by the DON or ADONs to include a post-test upon the day of return to work prior to working the shift. New hires will receive the education during orientation. Any newly hired Administrator, Social Services Director, and/or admission Director will be provided education and a post-test during orientation.
6. The facility developed a Room Change Form. Any potential room change will be discussed with the Intra-Disciplinary Team (IDT) which included the DON, ADONs, Administrator, Social Services Director, and the admission Director. If the IDT approves, the admission Director will proceed and ensure that all belongings are moved. The IDT will review the Room Change Form at the next meeting to ensure all room moves were handled per facility policy. If a room change was emergent and after hours, the nurse will contact the Administrator, DON, or Admissions Director for approval. If approved, the Room Change Form will be completed and reviewed by the IDT at its next meeting.
7. The DON, ADON's, Staffing Coordinator, Central Supply Coordinator, and/or licensed nurse conducted audits of all room moves to determine if the resident's belongings were sent with each room change for thirty (30) days. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse conducted visual observation rounds to determine if good/services were provided, and that the residents had no concerns related to abuse daily until removal of the immediate jeopardy; these audits will be presented to the QAPI meeting daily. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse will question/interview five (5) employees on random shifts daily to determine understanding and reporting abuse. All residents will be assessed for seventy-two (72) hours post room change for adjustment and satisfaction related to room transfers by either the Social Services Director (Social Worker from a sister facility) or Licensed Nurse. The care plan will be updated with room changes to provide care related to the room change.
8. A new Dietary Director was hired on 03/21/2022. The facility contracted with a dietary consulting company, on 03/14/2022 to provide on-site food services consulting for up to six (6) weeks. The consulting company will be utilized to assist in the training of the new dietary manager to include storage, prepare, distribute, and serve food in accordance with professional standards for food service safety. The Regional Director of Operations (RDO) has had dietary managers from other buildings come to the facility to provide support and training for staff daily. The facility-initiated food handling course through efoodhandlers, approved by the local County Health Department, beginning on 03/16/2022 and completion by 03/24/2022. Any new hire will receive the education during general orientation.
9. Food temperature logs, observation of staff taking the temperature of food with each meal and food storage will be audited daily by the Dietary Manager (from sister facility). The results of these daily audits will be given to the Administrator and presented to the QAPI (Quality Assurance and Performance Improvement) Committee daily.
10. The Regional Director of Operations (RDO), Social Services Director (SSD), the DON, and/or the ADONs will report the review findings of the above audits daily to the Quality Assurance and Performance Improvement Committee which consists of the Administrator, DON, ADON, Admissions Coordinator, the Medical Director, and the Staffing Coordinator.
11. The Regional Director of Operations and Regional Clinical Operations Consultant discussed the potential plans of correction, on 03/22/2022, with the Medical Director to develop an IJ Removal Plan. The QAPI Committee met on 03/24/2022 and 03/25/2022 to review all education, interventions, and audits. The QAPI Committee will meet daily until the Immediate Jeopardy has been removed.
The State Survey Agency validated the implementation of the facility's Immediate Jeopardy (IJ) Removal Plan as follows:
1. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed she was the previous Environmental Services Director and she had Resident #6's personal belongings returned to the resident on 02/28/2022. Review of Resident #6's medical record, on 03/31/2022, revealed the Patient Health Assessment-9 (PHQ-9) was completed as well as documentation by the Licensed Mental Health Counselor. Review of Resident #49, Resident #50, Resident #40, Resident #3, Resident #72, Resident #60, and Resident #82's medical record revealed documented interviews with either the resident or their next of kin by the Licensed Mental Health Counselor. Interview with Resident #6, on 03/31/2022 at 9:30 AM, revealed he/she had spoken to the Licensed Mental Health Counselor regarding his/her belongings being moved out of the room. No concerns were noted.
2. Interview with the Regional Director of Operations (RDO) and the Interim Administrator, on 03/30/2022 at 2:53 PM, revealed the previous Administrator was terminated on 03/20/2022. The RDO/Interim Administrator provided documentation of his referral to the Kentucky Board of Licensure for Long Term Care Administrators related to the previous Administrator's actions.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed things were going smoother since the Administrator left, and stated the general feeling of staff was less tense. Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the general feeling with staff and residents was better recently. Interview with the Maintenance Technician, on 03/30/2022 at 4:13 PM, revealed things were 100% better since the Administrator left; in the last two weeks, communication was way better for maintenance now; staff seemed much happier and were willing to be at work since the Administrator was gone. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed residents and staff seemed in better spirits, staff having a better day helps residents have a better day also. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed residents seemed less tense lately and staff were less tense last week with the Administrator change.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed the atmosphere of the staff was like a weight had been lifted; residents seemed stressed and tense before and this has improved, and there were more residents participating in activities. Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed the atmosphere was so much better and staff were less on edge. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed the mood among the staff and residents was much better, like a burden had been lifted from their shoulders. She stated more residents had been coming to activities recently.
3. Review of clinical records, with dates beginning on 03/30/2022, revealed PHQ-9 assessments and documentation of interviews of all residents' charts, who had experienced a room transfer since 01/01/2022. Interview with the MDS Support Nurse, on 03/31/2022 at 11:34 AM, revealed she had completed all the PHQ-9 on residents, who had experienced a transfer within the facility since 01/01/2022 until the present on 03/22/2022.
4. Interview with the Regional Director of Operations (RDO)/Interim Administrator and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed they had provided education to the DON regarding Patient Rights, Abuse, Transfers, as well as reporting Abuse on 03/23/2022.
Interview with the DON, on 03/31/2022 at 10:45 AM, revealed the RDO and RNC provided her with the documented education and, she in turn, provided the information to the ADONs. They then started the education with the rest of the staff to ensure compliance with regulations. The DON stated she was working with the HR Manager to ensure all staff members received the required education.
Interviews on 03/30/2022 and 03/31/2022 with the MDS Coordinator at 3:38 PM, SRNA #8 at 3:50 PM, LPN #13 at 4:02 PM, LPN #5 at 4:07 PM, Maintenance Technician at 4:13 PM, Laundry Aide at 4:32 PM, LPN #7 at 4:45 PM, SRNA #9 at 4:50 PM; on 03/31/2022 with Dietary Aide (DA) #3 at 9:48 AM, Dietary Manager (RDM) at 10:28 AM, and the Activities Director at 3:14 PM revealed they had all received training about residents' rights, abuse, de-escalation, reporting abuse, care planning, social services, administration (specifically reporting abuse to administrator or above to compliance hotline or state, on room transfers, that residents' belongings should be moved, and about respect and dignity. They further revealed the leadership was rounding and quizzing them on recent education issues.
5. Interview with the Human Resource (HR) Manager, on 03/31/2022 at 2:52 PM, revealed the staff had a lot of education and she was keeping a master list to ensure all staff received all the education required before starting their shift. The DON, ADONs, and other Directors/Managers were kept up to date with which staff needed to take the required education and training and complete a posttest prior to working, by the HR Manager.
6. Interview with the Regional Director of Operations (RDO) and Interim Administrator, Admissions Coordinator (AC), and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed the facility developed a Room Change Form/procedure. Prior to a room transfer, staff would obtain permission from the resident and/or POA with a witness. Further interview revealed they would document it on the designated form, and either email (electronic mail), fax or text so that written notice was given, and then the form would be signed. If the resident refused, that would also be documented. They stated this was discussed by the Interdisciplinary Team (IDT).
7. Interview with the RNC, on 03/30/3022 at 2:53 PM, revealed leadership was conducting random rounding per the audits described in the IJ Removal Plan. The RDO/Administrator stated they used audit sheets for rounding. She stated there were multiple audit sheets to cover different areas. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed that the Corporate MDS Support Nurse was involved in reassessing residents after room transfers. Continued interview revealed residents were monitored for seventy-two (72) hours post transfer. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed with transfers, she was responsible for updating care plans with specific goals within the psychosocial focus. The MDS Coordinator stated she added care plan elements for acute issues, then documented that a particular acute issue was resolved from the care plan. She stated every resident, who had been transferred, had their care plan updated, by her or the MDS Support Nurse. Interview with SRNA #8, on 03/30/2022 at 3:50 PM, revealed residents were on 72-hour monitoring after they were moved or at admission to make sure they were not depressed or sad. SRNA #8 also stated leaders were rounding and asking staff about issues such as abuse and other things. Interview with LPN #5 on 03/30/2022 at 4:07 PM, revealed leadership was rounding and asking about the issues; care plans were being updated; and residents were being assessed for 72 hours post transfer. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed that nursing maintained 72-hour acute monitoring after a room transfer and leaders were rounding and asking questions about the training issues.
8. Interview with the Regional Director of Operations (RDO)/Interim Administrator, on 03/30/2022 at 2:53 PM, revealed a new Dietary Manager was hired and was currently in training. The RDO stated he had brought in a consulting company, for a six (6) week period, to help with training the dietary/kitchen staff, as well as having the Regional Dietary Manager and Dietary Managers from sister facilities to come to the facility to help with the training and auditing to ensure compliance with food regulations.
Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed she had received training on a lot of dietary issues including snacks; snacks coming out at 10:00 AM, 2:00 PM and 8:00 PM; diabetics needed more protein at bedtime, including having more substantial snacks offered for diabetics, also extra snacks maintained for everybody.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed the facility's food was a lot better; snacks came regularly, and nourishment rooms were well stocked with different snacks and drinks.
Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the residents were reporting the food was much better. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed food has been much better, residents had commented on improved food and when she helped pick up trays, she has noticed increased consumption. She said she had observed snacks being distributed since the survey.
Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed the food looked better. She stated stated snacks were now coming out at 10:00 AM and 2:00 PM on her shift and the nourishment rooms were better stocked.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed multiple residents had reported the meals were better.
Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed she had worked at the facility for six (6) months and there had been in-services nearly every day. Continued interview revealed instruction/reminders were posted on the walls; and, kitchen staff had received training from a corporate contractor and a Dietary Manager (DM) from another facility.
Interview on 03/31/2022 with [NAME] #2 at 10:10 AM; [NAME] #3 at 10:25 AM, and with DA #1 at 10:45 AM, all revealed they had received training on hand washing, gloves, food temperatures, dishwasher, on all the sanitizers; specifically training on holding temperatures for hot and cold foods, how to calibrate a thermometer, how to measure the temps of the food, including not touching the pan; food storage, including thawing meat on lowest shelf not above other foods; plating coverings; reading the tray cards for food preferences or specialty utensils/plates; watch for food dislikes and likes; and on the requirement to provide snacks to residents by Regional Dietary Manager (RDM) and the contracted dietary Regional Manager. They stated they had training on calibrating thermometers every morning; training on the food temperatures including being sure not to touch the bottom of the pan because it was hotter than the food; and more education on the dishwasher and sanitizer.
Interview with the Regional Dietary Manager (RDM), on 03/31/2022 at 10:28 AM, revealed he had been in this position just this week since Monday and had been in the kitchen daily since Friday. He stated he had provided trainings on the issues, every staff member now had their food handler permits as required. He further stated every kitchen employee had been provided job descriptions, so they knew what they were responsible for. He stated training was provided on food storage, temperatures, dating foods, use by dates for foods, temps required for cooking, and providing snacks. He further stated he would be checking in daily and be at the facility at least 2-3 days per week for the time being.
9. Observations beginning on 03/30/2022, revealed food being stored correctly in the coolers. Observations on 03/31/2022 at 11:30 AM, revealed staff recording temperatures correctly and recording them on temperature log sheets. Review of the log sheets revealed daily recording of all meals being documented.
10. Review of the facility's audit sheets, on 03/30/2022, revealed documentation of audits being performed daily. The sheets were turned into the Quality Assurance and Performance Improvement (QAPI) Committee.
Interview with the Regional Director of Operations (RDO)/Interim Administrator, Admissions Coordinator (AC), Regional Nurse Consultant (RNC), and the Director of Nursing (DON), on 03/31/2022 at 9:50 AM, revealed they were meeting daily to review the audits being performed. The Department Directors/Managers were going around to perform the various audits to ensure staff compliance with the recent reeducation and training. Observations of rounds, on 03/31/2022 at 11:01 AM, with SRNA Supervisor and scheduler, revealed they audited for care needs such: as care plans being implemented; residents being treated with dignity and respect; abuse and reporting it; as well, as rounding to ensure care needs were being met.
11. Interview with the Regional Director of Operations (RDO)/Interim Administrator and the Regional Clinical Operations Consultant, on 03/31/2022 at 9:30 AM, revealed they were in daily contact with the Medical Director who was coming weekly to the facility to discuss corrective action.
Interview with the Medical Director, on 03/31/2022 at 3:03 PM, revealed he was on conference call with lawyers about corrections and met with the QA Committee with plans. The Medical Director stated he was curious about why people didn't pursue resolution at lower level first. He stated, It is a work in progress. He also stated he was going to stay on the QA Committee, coming weekly from 3:00 PM on that day for however long it was necessary. Continued interview revealed he was in daily contact with the RDO. The Medical Director stated he would review applicant names for the new Administrator.
CRITICAL
(J)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Report Alleged Abuse
(Tag F0609)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, review of job descriptions, and review of the facility's policies, it was determined the faci...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, review of job descriptions, and review of the facility's policies, it was determined the facility failed to report allegations of abuse and neglect for one (1) of fifty-three (53) sampled residents (Resident #6), whose personal belongings were removed from his/her room for four (4) days causing him/her psychosocial harm. Resident #6 cried and was upset from Thursday to Monday. Staff wasn't able to provide the necessary care for the resident. The resident asked for his/her belongings to be given back. However, no one would give him/her his/her belongings. Although the resident felt this behavior was abusive and staff thought it was abuse, no one reported this as an allegation of abuse.
The facility's failure to ensure staff followed the facility's policy for reporting abuse, has caused or is likely to cause serious injury, serious harm, or death to residents.
Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
The findings include:
Review of the facility's policy titled, Prevention - Reporting of Concerns, Incidents, and Grievances, dated 02/2004, revealed it was the policy of the facility to encourage residents, families, and staff to report concerns, incidents, and grievances without the fear of retribution. Continued review revealed the policy encouraged all personnel, residents, family members, visitors, etc., to report any signs or suspected incidents of abuse to facility management immediately.
Review of the facility's policy titled, Reporting Abuse to Facility Management, dated 11/02/2017, revealed it was the responsibility of the facility's employees, the facility's consultants, Attending Physicians, family members, visitors, etc., to promptly report any incident or suspected incident of neglect or resident abuse, including injuries of unknown source, and theft or misappropriation of resident property to the facility's management.
Review of the facility's policy titled, Reporting Abuse to State Agencies and Other Entities/Individuals, dated 11/03/2017, revealed it was the policy of the facility that all suspected violations of abuse, neglect, exploitation, or mistreatment would be immediately reported to appropriate state agencies and other entities or individuals as may be required by law.
Review of the facility's policy titled, Policy for Adult Protection, undated, revealed it was a policy of the facility that any employee who had reasonable cause to believe or even suspect that a resident or child had suffered abuse or neglect must report the incident immediately. Continued review revealed abuse or suspicion of abuse included rough physical treatment, abusive or disrespectful language, neglect or failure to respond to a resident's needs, or misappropriation of property. Further review revealed this reported incident must be given immediately to his/her supervisor and the Administrator or his/her designee.
Review of the facility's job descriptions for Nursing Assistant, Licensed Practical Nurse, Director of Nursing, Social Services Director, and Administrator, all undated, revealed under Resident Rights, the Essential Functions were to ensure all residents were given fair and equitable treatment, the freedom of self-determination, individuality, and the respect for privacy, property, and civil rights.
Review of the facility's document, In-Service Training, undated, revealed all employees received periodic in-service training relative to resident rights and the facility's abuse prevention program's policies and procedures. Continued review revealed all employees were required to attend the facility's resident rights and abuse prevention program in-service training sessions prior to having any resident contact. Further review revealed annual resident rights in-service training programs were conducted, and it was mandatory that all personnel attend such training programs.
Review of the facility's inservice sign-in sheets compared to the employee roster revealed all current staff had received abuse training, at the last annual training. Further review revealed all new hires had received abuse training upon hire.
Review of Resident #6's medical record revealed the facility admitted the resident, on 08/10/2021, with diagnoses which included Vertebra Fracture, Dementia, Depression, and Anxiety. Review of Resident #6's Quarterly Minimum Data Set (MDS), dated [DATE], revealed the resident's Brief Interview for Mental Status (BIMS) score was fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #6, on 03/10/2022 at 10:30 AM, revealed facility staff removed his/her belongings, including clothing, grooming/hygiene and dental supplies, on Thursday, 02/24/2022, in an attempt to force him/her to move to another room. The resident's belongings were not returned until the following Monday, 02/28/2022. Resident #6 stated he/she was not able to change clothes or to perform personal hygiene, including oral care. Resident #6 stated he/she was very upset and hurt by the facility's actions and cried throughout the four (4) days. The resident stated he/she told the housekeeping staff not to touch his/her belongings. Resident #6 stated he/she asked staff repeatedly to speak to the Administrator and also asked daily to have his/her personal belongings returned. Resident #6 stated he/she felt this was abuse.
Interview with the Housekeeping Supervisor, on 03/11/2022 at 10:00 AM, revealed she felt it was abusive of the Administrator to take Resident #6's personal belongings and not return them to the resident. The Housekeeping Supervisor stated she would have been fired if she had reported the abuse.
Interview with State Registered Nurse Aide (SRNA) #7, on 03/15/2022 at 2:50 PM, revealed she worked with Resident #6 during the time the resident did not have his/her personal belongings. SRNA #7 stated she felt this situation was abuse by taking the resident's personal belongings. But SRNA #7 stated she was afraid she would have been fired if she reported the abuse.
Interview with Licensed Practical Nurse (LPN) #2, on 03/15/2022 at 3:05 PM, revealed she worked with Resident #6 on 02/24/2022. LPN #2 stated Resident #6 was very upset about his/her belongings being taken. She stated she talked with the Administrator, who stated not to return Resident #6's belongings. LPN #2 stated she informed the Administrator that Resident #6 wanted to speak to her. However, she stated the Administrator never talked to Resident #6 during this time.
Interview with SRNA #18, on 03/15/2022 at 2:25 PM, revealed she was unable to provide any care to Resident #6, nor was she able to help the resident to change clothes since the resident's personal belongings were taken from the resident's room. She stated she felt this was abuse, but she was afraid to report the abuse. SRNA #18 stated other staff had been fired for reporting things.
Interview with SRNA #14, on 03/17/2022 at 4:00 PM, revealed it was abusive to remove Resident #6's personal belongings. She stated the Administrator told staff not to return them. The SRNA stated Resident #6 stated it was abuse to take his/her belongings and not return them to him/her. SRNA #14 stated she was afraid to report the abuse due to being fired.
Interview with LPN #3, on 03/17/2022 at 6:15 PM, revealed she did not provide direct care to Resident #6, but had heard the Administrator had taken Resident #6's personal belongings and did not return them to the resident. LPN #3 stated she felt this was abuse. LPN #3 stated staff were afraid to report anything due to the risk of being fired.
Interview with SRNA #11 and SRNA #16, on 03/18/2022 at 7:47 AM and 10:49 AM, revealed they felt taking a resident's belongings and not returning them would be considered abuse. SRNA #16 stated she was going to write her concerns regarding Resident #6 on the 24-hour nursing report, but she was afraid to report the abuse due to fear of being fired. SRNA #11 stated she did not report the abuse due to the fear of being fired.
Interview with the Administrator, on 03/13/2022 at 11:05 AM, revealed she was informed that Resident #6 refused the room transfer and she was going to talk to Resident #6 on 02/24/2022. Continued interview revealed she forgot to talk to the resident, and when she remembered, on 02/28/2022, she had the resident's belongings returned. When interviewed whether it was abuse or not, the Administrator stated she had meant to go and talk to the resident on Friday, 02/25/2022, and if the resident still refused the transfer, she would have returned the resident's belongings then. When interviewed regarding Resident #6 having to go all weekend without his/her personal belongings, including hygiene and clean clothing, the Administrator stated it would be considered abuse. When interviewed why she did not report the abuse, the Administrator stated, I don't know.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS Support Nurse.
5. All staff not available during the time of the reeducation, including agency staff, will receive education by the DON or ADONs to include a post-test upon the day of return to work prior to working the shift. New hires will receive the education during orientation. Any newly hired Administrator, Social Services Director, and/or admission Director will be provided education and a post-test during orientation.
6. The facility developed a Room Change Form. Any potential room change will be discussed with the Intra-Disciplinary Team (IDT) which included the DON, ADONs, Administrator, Social Services Director, and the admission Director. If the IDT approves, the admission Director will proceed and ensure that all belongings are moved. The IDT will review the Room Change Form at the next meeting to ensure all room moves were handled per facility policy. If a room change was emergent and after hours, the nurse will contact the Administrator, DON, or Admissions Director for approval. If approved, the Room Change Form will be completed and reviewed by the IDT at its next meeting.
7. The DON, ADON's, Staffing Coordinator, Central Supply Coordinator, and/or licensed nurse conducted audits of all room moves to determine if the resident's belongings were sent with each room change for thirty (30) days. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse conducted visual observation rounds to determine if good/services were provided, and that the residents had no concerns related to abuse daily until removal of the immediate jeopardy; these audits will be presented to the QAPI meeting daily. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse will question/interview five (5) employees on random shifts daily to determine understanding and reporting abuse. All residents will be assessed for seventy-two (72) hours post room change for adjustment and satisfaction related to room transfers by either the Social Services Director (Social Worker from a sister facility) or Licensed Nurse. The care plan will be updated with room changes to provide care related to the room change.
8. A new Dietary Director was hired on 03/21/2022. The facility contracted with a dietary consulting company, on 03/14/2022 to provide on-site food services consulting for up to six (6) weeks. The consulting company will be utilized to assist in the training of the new dietary manager to include storage, prepare, distribute, and serve food in accordance with professional standards for food service safety. The Regional Director of Operations (RDO) has had dietary managers from other buildings come to the facility to provide support and training for staff daily. The facility-initiated food handling course through efoodhandlers, approved by the local County Health Department, beginning on 03/16/2022 and completion by 03/24/2022. Any new hire will receive the education during general orientation.
9. Food temperature logs, observation of staff taking the temperature of food with each meal and food storage will be audited daily by the Dietary Manager (from sister facility). The results of these daily audits will be given to the Administrator and presented to the QAPI (Quality Assurance and Performance Improvement) Committee daily.
10. The Regional Director of Operations (RDO), Social Services Director (SSD), the DON, and/or the ADONs will report the review findings of the above audits daily to the Quality Assurance and Performance Improvement Committee which consists of the Administrator, DON, ADON, Admissions Coordinator, the Medical Director, and the Staffing Coordinator.
11. The Regional Director of Operations and Regional Clinical Operations Consultant discussed the potential plans of correction, on 03/22/2022, with the Medical Director to develop an IJ Removal Plan. The QAPI Committee met on 03/24/2022 and 03/25/2022 to review all education, interventions, and audits. The QAPI Committee will meet daily until the Immediate Jeopardy has been removed.
The State Survey Agency validated the implementation of the facility's Immediate Jeopardy (IJ) Removal Plan as follows:
1. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed she was the previous Environmental Services Director and she had Resident #6's personal belongings returned to the resident on 02/28/2022. Review of Resident #6's medical record, on 03/31/2022, revealed the Patient Health Assessment-9 (PHQ-9) was completed as well as documentation by the Licensed Mental Health Counselor. Review of Resident #49, Resident #50, Resident #40, Resident #3, Resident #72, Resident #60, and Resident #82's medical record revealed documented interviews with either the resident or their next of kin by the Licensed Mental Health Counselor. Interview with Resident #6, on 03/31/2022 at 9:30 AM, revealed he/she had spoken to the Licensed Mental Health Counselor regarding his/her belongings being moved out of the room. No concerns were noted.
2. Interview with the Regional Director of Operations (RDO) and the Interim Administrator, on 03/30/2022 at 2:53 PM, revealed the previous Administrator was terminated on 03/20/2022. The RDO/Interim Administrator provided documentation of his referral to the Kentucky Board of Licensure for Long Term Care Administrators related to the previous Administrator's actions.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed things were going smoother since the Administrator left, and stated the general feeling of staff was less tense. Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the general feeling with staff and residents was better recently. Interview with the Maintenance Technician, on 03/30/2022 at 4:13 PM, revealed things were 100% better since the Administrator left; in the last two weeks, communication was way better for maintenance now; staff seemed much happier and were willing to be at work since the Administrator was gone. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed residents and staff seemed in better spirits, staff having a better day helps residents have a better day also. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed residents seemed less tense lately and staff were less tense last week with the Administrator change.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed the atmosphere of the staff was like a weight had been lifted; residents seemed stressed and tense before and this has improved, and there were more residents participating in activities. Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed the atmosphere was so much better and staff were less on edge. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed the mood among the staff and residents was much better, like a burden had been lifted from their shoulders. She stated more residents had been coming to activities recently.
3. Review of clinical records, with dates beginning on 03/30/2022, revealed PHQ-9 assessments and documentation of interviews of all residents' charts, who had experienced a room transfer since 01/01/2022. Interview with the MDS Support Nurse, on 03/31/2022 at 11:34 AM, revealed she had completed all the PHQ-9 on residents, who had experienced a transfer within the facility since 01/01/2022 until the present on 03/22/2022.
4. Interview with the Regional Director of Operations (RDO)/Interim Administrator and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed they had provided education to the DON regarding Patient Rights, Abuse, Transfers, as well as reporting Abuse on 03/23/2022.
Interview with the DON, on 03/31/2022 at 10:45 AM, revealed the RDO and RNC provided her with the documented education and, she in turn, provided the information to the ADONs. They then started the education with the rest of the staff to ensure compliance with regulations. The DON stated she was working with the HR Manager to ensure all staff members received the required education.
Interviews on 03/30/2022 and 03/31/2022 with the MDS Coordinator at 3:38 PM, SRNA #8 at 3:50 PM, LPN #13 at 4:02 PM, LPN #5 at 4:07 PM, Maintenance Technician at 4:13 PM, Laundry Aide at 4:32 PM, LPN #7 at 4:45 PM, SRNA #9 at 4:50 PM; on 03/31/2022 with Dietary Aide (DA) #3 at 9:48 AM, Dietary Manager (RDM) at 10:28 AM, and the Activities Director at 3:14 PM revealed they had all received training about residents' rights, abuse, de-escalation, reporting abuse, care planning, social services, administration (specifically reporting abuse to administrator or above to compliance hotline or state, on room transfers, that residents' belongings should be moved, and about respect and dignity. They further revealed the leadership was rounding and quizzing them on recent education issues.
5. Interview with the Human Resource (HR) Manager, on 03/31/2022 at 2:52 PM, revealed the staff had a lot of education and she was keeping a master list to ensure all staff received all the education required before starting their shift. The DON, ADONs, and other Directors/Managers were kept up to date with which staff needed to take the required education and training and complete a posttest prior to working, by the HR Manager.
6. Interview with the Regional Director of Operations (RDO) and Interim Administrator, Admissions Coordinator (AC), and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed the facility developed a Room Change Form/procedure. Prior to a room transfer, staff would obtain permission from the resident and/or POA with a witness. Further interview revealed they would document it on the designated form, and either email (electronic mail), fax or text so that written notice was given, and then the form would be signed. If the resident refused, that would also be documented. They stated this was discussed by the Interdisciplinary Team (IDT).
7. Interview with the RNC, on 03/30/3022 at 2:53 PM, revealed leadership was conducting random rounding per the audits described in the IJ Removal Plan. The RDO/Administrator stated they used audit sheets for rounding. She stated there were multiple audit sheets to cover different areas. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed that the Corporate MDS Support Nurse was involved in reassessing residents after room transfers. Continued interview revealed residents were monitored for seventy-two (72) hours post transfer. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed with transfers, she was responsible for updating care plans with specific goals within the psychosocial focus. The MDS Coordinator stated she added care plan elements for acute issues, then documented that a particular acute issue was resolved from the care plan. She stated every resident, who had been transferred, had their care plan updated, by her or the MDS Support Nurse. Interview with SRNA #8, on 03/30/2022 at 3:50 PM, revealed residents were on 72-hour monitoring after they were moved or at admission to make sure they were not depressed or sad. SRNA #8 also stated leaders were rounding and asking staff about issues such as abuse and other things. Interview with LPN #5 on 03/30/2022 at 4:07 PM, revealed leadership was rounding and asking about the issues; care plans were being updated; and residents were being assessed for 72 hours post transfer. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed that nursing maintained 72-hour acute monitoring after a room transfer and leaders were rounding and asking questions about the training issues.
8. Interview with the Regional Director of Operations (RDO)/Interim Administrator, on 03/30/2022 at 2:53 PM, revealed a new Dietary Manager was hired and was currently in training. The RDO stated he had brought in a consulting company, for a six (6) week period, to help with training the dietary/kitchen staff, as well as having the Regional Dietary Manager and Dietary Managers from sister facilities to come to the facility to help with the training and auditing to ensure compliance with food regulations.
Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed she had received training on a lot of dietary issues including snacks; snacks coming out at 10:00 AM, 2:00 PM and 8:00 PM; diabetics needed more protein at bedtime, including having more substantial snacks offered for diabetics, also extra snacks maintained for everybody.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed the facility's food was a lot better; snacks came regularly, and nourishment rooms were well stocked with different snacks and drinks.
Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the residents were reporting the food was much better. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed food has been much better, residents had commented on improved food and when she helped pick up trays, she has noticed increased consumption. She said she had observed snacks being distributed since the survey.
Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed the food looked better. She stated stated snacks were now coming out at 10:00 AM and 2:00 PM on her shift and the nourishment rooms were better stocked.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed multiple residents had reported the meals were better.
Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed she had worked at the facility for six (6) months and there had been in-services nearly every day. Continued interview revealed instruction/reminders were posted on the walls; and, kitchen staff had received training from a corporate contractor and a Dietary Manager (DM) from another facility.
Interview on 03/31/2022 with [NAME] #2 at 10:10 AM; [NAME] #3 at 10:25 AM, and with DA #1 at 10:45 AM, all revealed they had received training on hand washing, gloves, food temperatures, dishwasher, on all the sanitizers; specifically training on holding temperatures for hot and cold foods, how to calibrate a thermometer, how to measure the temps of the food, including not touching the pan; food storage, including thawing meat on lowest shelf not above other foods; plating coverings; reading the tray cards for food preferences or specialty utensils/plates; watch for food dislikes and likes; and on the requirement to provide snacks to residents by Regional Dietary Manager (RDM) and the contracted dietary Regional Manager. They stated they had training on calibrating thermometers every morning; training on the food temperatures including being sure not to touch the bottom of the pan because it was hotter than the food; and more education on the dishwasher and sanitizer.
Interview with the Regional Dietary Manager (RDM), on 03/31/2022 at 10:28 AM, revealed he had been in this position just this week since Monday and had been in the kitchen daily since Friday. He stated he had provided trainings on the issues, every staff member now had their food handler permits as required. He further stated every kitchen employee had been provided job descriptions, so they knew what they were responsible for. He stated training was provided on food storage, temperatures, dating foods, use by dates for foods, temps required for cooking, and providing snacks. He further stated he would be checking in daily and be at the facility at least 2-3 days per week for the time being.
9. Observations beginning on 03/30/2022, revealed food being stored correctly in the coolers. Observations on 03/31/2022 at 11:30 AM, revealed staff recording temperatures correctly and recording them on temperature log sheets. Review of the log sheets revealed daily recording of all meals being documented.
10. Review of the facility's audit sheets, on 03/30/2022, revealed documentation of audits being performed daily. The sheets were turned into the Quality Assurance and Performance Improvement (QAPI) Committee.
Interview with the Regional Director of Operations (RDO)/Interim Administrator, Admissions Coordinator (AC), Regional Nurse Consultant (RNC), and the Director of Nursing (DON), on 03/31/2022 at 9:50 AM, revealed they were meeting daily to review the audits being performed. The Department Directors/Managers were going around to perform the various audits to ensure staff compliance with the recent reeducation and training. Observations of rounds, on 03/31/2022 at 11:01 AM, with SRNA Supervisor and scheduler, revea[TRUNCATED]
CRITICAL
(J)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Comprehensive Care Plan
(Tag F0656)
Someone could have died · This affected 1 resident
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policies, it was determined the facility failed to implement a c...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policies, it was determined the facility failed to implement a comprehensive person-centered care plan for each resident, consistent with the resident's rights, to meet the resident's highest practicable quality of life, specifically nursing and psychosocial needs, that were identified in the comprehensive assessment for two (2) of fifty-three (53) sampled residents (Residents #6 and #50). The facility deprived Resident #6 and Resident #50 of goods or services that were necessary to attain or maintain his/her highest level of practicable physical, mental, and psychosocial well-being.
Review of Resident #6's care plan, dated 11/23/2021, revealed a focus of psychosocial wellbeing risk related to a new environment. Goals included the resident would have care needs met daily as measured by the resident being clean, well-groomed, and odor free. Interventions included staff assistance with dressing, hygiene, and oral and denture care daily and, as needed. However, Resident #6 stated his/her personal belongings were removed from his/her room and held without consent from 02/24/2022 through 02/28/2022. Staff was not able to provide Resident #6's daily hygiene and oral care due to lack of supplies and clean clothing.
Review of Resident #50's care plan, dated 01/27/2022, revealed a goal of being free from signs and symptoms of mood decline. Interview with the resident revealed, on 02/07/2022, Resident #50 was transferred to another room without prior notification or consent. Staff removed everything off the resident's walls and his/her other belongings. Resident #50 stated that he/she felt very distraught, cried everyday, and was emotionally distressed. Continued interview revealed his/her attachment to the original room was due to having resided there with his/her spouse, who was now deceased .
The facility's failure to implement the comprehensive person-centered care plans for Residents #6 and #50, consistent with their rights and psychosocial needs, has caused or is likely to cause harm, impairment, or death to a resident.
Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
Refer to F-557, F-559, F-600, and F-745.
The findings include:
Review of the facility's policy titled, Care Plans - Comprehensive, dated 08/01/2013, revealed an individualized comprehensive care plan that included measurable objectives and timetables to meet the resident's medical, nursing, mental and psychological needs was developed for each resident. Per the policy, the Care Planning/Interdisciplinary Team developed and maintained a comprehensive care plan for each resident, in coordination with the resident, and his/her family or representative, that identified the highest level of functioning the resident could be expected to attain. Continued review revealed that the comprehensive care plan was based on a thorough assessment that included, but was not limited to, the Minimum Data Set (MDS) Assessments. Further review revealed the care plan would aid in preventing or reducing a decline in the resident's functional status and/or functional levels and would reflect currently recognized standards of practice for problem areas and conditions. Review of care plan interventions revealed they were implemented after consideration of the resident's problem areas and their causes. Additional review revealed the care plans were ongoing and revised as information about the resident and the resident's condition changed.
Review of the facility's policy titled, Using the Care Plan, dated 08/01/2013, revealed the care plan shall be used in developing the resident's daily care routines and will be available to staff personnel who had responsibility for providing care or services to the resident. Further review revealed that completed care plans were available to authorized personnel. Continued review revealed the nurse aide was responsible for reporting to the nurse or charge nurse any change in the resident's condition. Additional review revealed that changes in the resident's condition must be reported to the Nurse Assessment Coordinator, so that a review of the resident's assessment and care plan could be made.
1. Review of Resident #6's medical record revealed the facility admitted the resident, on 08/10/2021, with diagnoses which included Vertebra Fracture, Dementia, Depression, and Anxiety. Review of Resident #6's Quarterly Minimum Data Set (MDS), dated [DATE], revealed the resident's Brief Interview for Mental Status (BIMS) score was a fifteen (15) of fifteen (15), which indicated intact cognition.
Review of Resident #6's care plan, dated 11/23/2021, revealed a focus of psychosocial wellbeing risk related to new environment with interventions utilizing psychiatric services when needed and per the Physician's Orders. Further review of the care plan revealed a goal that the resident would have care needs met daily as measured by the resident being clean, well groomed and odor free. Interventions included staff assistance with dressing, hygiene, and oral and denture care daily and as needed.
Interview with Resident #6, on 03/10/2022, revealed he/she did not receive any written notice prior to the facility's attempt to transfer him/her to another room. Further interview revealed Resident #6 refused to be transferred. The resident stated that housekeeping staff removed all of his/her personal belongings from the current room and moved them to the room the facility intended to transfer Resident #6 to. According to Resident #6, he/she asked repeatedly for his/her belongings to be returned from 02/24/2022 until 02/28/2022, when the personal belongings were returned. Resident #6 stated he/she told staff this was abusive, and he/she was distraught and cried daily. Further interview revealed Resident #6 stated, because his/her personal belongings had been taken away, he/she could not perform oral hygiene or change clothes from 02/24/2022 through 02/28/2022.
Interview with State Registered Nurse Aide (SRNA) #18, on 03/15/2022 at 2:26 PM, revealed she worked the weekend Resident #6's belongings were removed. She stated staff could not provide care because the resident could not get a bath or change of clothes due to his/her hygiene supplies and clothing had been moved. Continued interview revealed staff members were informed they were not allowed to get Resident #6's belongings. Further interview revealed the staff determined the reason was that the Administrator was trying to get the resident to move to the other side of the building. She stated Resident #6 expressed sadness about the situation.
Interview with SRNA #7, on 03/15/2022 at 2:50 PM, revealed she did not give care during the five (5) day time period. She stated staff was not allowed to get the resident's belongings from the other room. SRNA #7 stated the instruction, not to get the resident's belongings, came from the Administrator.
Interview with SRNA #16, on 03/18/2022 at 7:47 AM, revealed she worked on the night shift of 02/24/2022. She stated that Resident #6 asked for his/her belongings, particularly pajamas. She stated the resident declined the offer of a hospital gown, and remained in his/her old clothing.
Further review of Resident #6's medical record revealed there was no documented evidence his/her comprehensive care plan was implemented during 02/24/2022 through 02/28/2022.
2. Review of Resident #50's medical record revealed the facility admitted the resident, on 01/25/2021, with diagnoses of Morbid Obesity Due to Excess Calories, Generalized Anxiety Disorder, Fracture of Unspecified Parts of Lumbosacral Spine and Pelvis, Acute Kidney Failure, Chronic Kidney Disease Stage 3, and Non-ST Elevation Myocardial Infarction.
Review of the Quarterly admission Minimum Data Set (MDS) Assessment, dated 01/04/2022, revealed, in the Cognitive Patterns section, a Brief Interview for Mental Status (BIMS) score of fifteen (15) of fifteen (15), indicating intact cognition.
Review of Resident #50's comprehensive care plan, dated 01/27/2022, revealed a focus for potential for grieving related to the death of a spouse, with interventions including staff to observe for causative and contributing factors that may delay the grief process and reduce or eliminate causative or contributing factors that may delay grieving, if possible. Further review revealed a focus for a potential problem with the resident's psychosocial well-being related to anxiety, depression, and pain. Continued review revealed to allow the resident time to answer questions and to verbalize feelings, perceptions, and fears.
Additional review of Resident #50's comprehensive care plan, dated 01/27/2022, revealed to increase communication between resident/family/caregivers about care and living environment: explain all changes, rules, and options. Also, to provide assistance/supervision/support to identify precipitating factor(s)/stressors, to reduce or eliminate causative and contributing factors, and to identify potential solutions to present problems. Continued review revealed focus for potential for mood problem related to depression, anxiety, and insomnia with interventions. Further review revealed to observe for the following: episode feelings or sadness. Observe for mood patterns, signs and symptoms of depression, anxiety, sad mood as per the facility's behavior monitoring protocols; observe mood to determine if problems seemed to be related to external causes, and provide encouragement/assistance/support to maintain as much independence and control as possible.
Interview with Resident #50, on 03/12/2022 at 11:00 AM, revealed he/she did not receive any notice of a transfer on 02/07/2022. Resident #50 stated housekeeping staff came in and informed him/her of the transfer, and started taking items off the walls and packing up his/her personal belongings. Resident #50 stated he/she became very upset and cried all day long. Resident #50 stated he/she did not want to move out of the current room since he/she had shared the room with his/her spouse, who died in the room.
Further review of Resident #50's medical record revealed there was no documentation that his/her comprehensive care plan was implemented, beginning with the room transfer on 02/07/2022.
Interview with the Advanced Practice Registered Nurse (APRN), on 03/16/2022 at 2:45 PM, revealed when residents had dementia, they needed consistency and moving to another part of the facility could really disorient them. She stated increased behaviors and confusion could result from the disruption of routines.
Interview with the Director of Nursing (DON), on 03/19/2022 at 11:59 AM, revealed she was told by the Housekeeping Supervisor that the Administrator told staff to leave Resident #6's personal belongings in the new room where he/she was supposed to be transferred. She stated this prevented Resident #6 from receiving daily hygiene and oral care due to lack of supplies and clean clothing. She stated charting on Resident #6 for Activities of Daily Living (ADL) indicated he/she refused a shower during the time of 02/24/2022 to 02/28/2022. She stated the resident might not have wanted to shower only to put the same clothes back on. The DON stated that this situation could be psychosocial harm, and she would be upset if it had happened to her. She stated her expectation was nurses and SRNA's would follow care plans, no matter what the circumstances.
Interview with the Administrator, on 03/19/2022 at 9:35 AM, revealed she did forget about returning Resident #6's belongings to him/her, but staff could have retrieved his/her belongings. She further stated the goal was to keep residents safe and happy in their home. Further interview revealed she did not know whether anyone else followed up on the psychosocial impact of Resident #6 being without his/her belongings from 02/24/2022 to 02/28/2022. She stated she was unsure if the DON did or not and she did not remember if she talked to the APRN about harm or follow-up for Resident #6. The Administrator stated she was ultimately responsible to ensure policies, including residents' care plans, were followed.
Interview with the Regional Clinical Operations Consultant, on 03/19/2022 11:21 AM, revealed her expectation was that clinical staff should be following residents' care plans, regardless of the circumstances.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS Support Nurse.
5. All staff not available during the time of the reeducation, including agency staff, will receive education by the DON or ADONs to include a post-test upon the day of return to work prior to working the shift. New hires will receive the education during orientation. Any newly hired Administrator, Social Services Director, and/or admission Director will be provided education and a post-test during orientation.
6. The facility developed a Room Change Form. Any potential room change will be discussed with the Intra-Disciplinary Team (IDT) which included the DON, ADONs, Administrator, Social Services Director, and the admission Director. If the IDT approves, the admission Director will proceed and ensure that all belongings are moved. The IDT will review the Room Change Form at the next meeting to ensure all room moves were handled per facility policy. If a room change was emergent and after hours, the nurse will contact the Administrator, DON, or Admissions Director for approval. If approved, the Room Change Form will be completed and reviewed by the IDT at its next meeting.
7. The DON, ADON's, Staffing Coordinator, Central Supply Coordinator, and/or licensed nurse conducted audits of all room moves to determine if the resident's belongings were sent with each room change for thirty (30) days. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse conducted visual observation rounds to determine if good/services were provided, and that the residents had no concerns related to abuse daily until removal of the immediate jeopardy; these audits will be presented to the QAPI meeting daily. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse will question/interview five (5) employees on random shifts daily to determine understanding and reporting abuse. All residents will be assessed for seventy-two (72) hours post room change for adjustment and satisfaction related to room transfers by either the Social Services Director (Social Worker from a sister facility) or Licensed Nurse. The care plan will be updated with room changes to provide care related to the room change.
8. A new Dietary Director was hired on 03/21/2022. The facility contracted with a dietary consulting company, on 03/14/2022 to provide on-site food services consulting for up to six (6) weeks. The consulting company will be utilized to assist in the training of the new dietary manager to include storage, prepare, distribute, and serve food in accordance with professional standards for food service safety. The Regional Director of Operations (RDO) has had dietary managers from other buildings come to the facility to provide support and training for staff daily. The facility-initiated food handling course through efoodhandlers, approved by the local County Health Department, beginning on 03/16/2022 and completion by 03/24/2022. Any new hire will receive the education during general orientation.
9. Food temperature logs, observation of staff taking the temperature of food with each meal and food storage will be audited daily by the Dietary Manager (from sister facility). The results of these daily audits will be given to the Administrator and presented to the QAPI (Quality Assurance and Performance Improvement) Committee daily.
10. The Regional Director of Operations (RDO), Social Services Director (SSD), the DON, and/or the ADONs will report the review findings of the above audits daily to the Quality Assurance and Performance Improvement Committee which consists of the Administrator, DON, ADON, Admissions Coordinator, the Medical Director, and the Staffing Coordinator.
11. The Regional Director of Operations and Regional Clinical Operations Consultant discussed the potential plans of correction, on 03/22/2022, with the Medical Director to develop an IJ Removal Plan. The QAPI Committee met on 03/24/2022 and 03/25/2022 to review all education, interventions, and audits. The QAPI Committee will meet daily until the Immediate Jeopardy has been removed.
The State Survey Agency validated the implementation of the facility's Immediate Jeopardy (IJ) Removal Plan as follows:
1. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed she was the previous Environmental Services Director and she had Resident #6's personal belongings returned to the resident on 02/28/2022. Review of Resident #6's medical record, on 03/31/2022, revealed the Patient Health Assessment-9 (PHQ-9) was completed as well as documentation by the Licensed Mental Health Counselor. Review of Resident #49, Resident #50, Resident #40, Resident #3, Resident #72, Resident #60, and Resident #82's medical record revealed documented interviews with either the resident or their next of kin by the Licensed Mental Health Counselor. Interview with Resident #6, on 03/31/2022 at 9:30 AM, revealed he/she had spoken to the Licensed Mental Health Counselor regarding his/her belongings being moved out of the room. No concerns were noted.
2. Interview with the Regional Director of Operations (RDO) and the Interim Administrator, on 03/30/2022 at 2:53 PM, revealed the previous Administrator was terminated on 03/20/2022. The RDO/Interim Administrator provided documentation of his referral to the Kentucky Board of Licensure for Long Term Care Administrators related to the previous Administrator's actions.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed things were going smoother since the Administrator left, and stated the general feeling of staff was less tense. Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the general feeling with staff and residents was better recently. Interview with the Maintenance Technician, on 03/30/2022 at 4:13 PM, revealed things were 100% better since the Administrator left; in the last two weeks, communication was way better for maintenance now; staff seemed much happier and were willing to be at work since the Administrator was gone. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed residents and staff seemed in better spirits, staff having a better day helps residents have a better day also. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed residents seemed less tense lately and staff were less tense last week with the Administrator change.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed the atmosphere of the staff was like a weight had been lifted; residents seemed stressed and tense before and this has improved, and there were more residents participating in activities. Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed the atmosphere was so much better and staff were less on edge. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed the mood among the staff and residents was much better, like a burden had been lifted from their shoulders. She stated more residents had been coming to activities recently.
3. Review of clinical records, with dates beginning on 03/30/2022, revealed PHQ-9 assessments and documentation of interviews of all residents' charts, who had experienced a room transfer since 01/01/2022. Interview with the MDS Support Nurse, on 03/31/2022 at 11:34 AM, revealed she had completed all the PHQ-9 on residents, who had experienced a transfer within the facility since 01/01/2022 until the present on 03/22/2022.
4. Interview with the Regional Director of Operations (RDO)/Interim Administrator and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed they had provided education to the DON regarding Patient Rights, Abuse, Transfers, as well as reporting Abuse on 03/23/2022.
Interview with the DON, on 03/31/2022 at 10:45 AM, revealed the RDO and RNC provided her with the documented education and, she in turn, provided the information to the ADONs. They then started the education with the rest of the staff to ensure compliance with regulations. The DON stated she was working with the HR Manager to ensure all staff members received the required education.
Interviews on 03/30/2022 and 03/31/2022 with the MDS Coordinator at 3:38 PM, SRNA #8 at 3:50 PM, LPN #13 at 4:02 PM, LPN #5 at 4:07 PM, Maintenance Technician at 4:13 PM, Laundry Aide at 4:32 PM, LPN #7 at 4:45 PM, SRNA #9 at 4:50 PM; on 03/31/2022 with Dietary Aide (DA) #3 at 9:48 AM, Dietary Manager (RDM) at 10:28 AM, and the Activities Director at 3:14 PM revealed they had all received training about residents' rights, abuse, de-escalation, reporting abuse, care planning, social services, administration (specifically reporting abuse to administrator or above to compliance hotline or state, on room transfers, that residents' belongings should be moved, and about respect and dignity. They further revealed the leadership was rounding and quizzing them on recent education issues.
5. Interview with the Human Resource (HR) Manager, on 03/31/2022 at 2:52 PM, revealed the staff had a lot of education and she was keeping a master list to ensure all staff received all the education required before starting their shift. The DON, ADONs, and other Directors/Managers were kept up to date with which staff needed to take the required education and training and complete a posttest prior to working, by the HR Manager.
6. Interview with the Regional Director of Operations (RDO) and Interim Administrator, Admissions Coordinator (AC), and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed the facility developed a Room Change Form/procedure. Prior to a room transfer, staff would obtain permission from the resident and/or POA with a witness. Further interview revealed they would document it on the designated form, and either email (electronic mail), fax or text so that written notice was given, and then the form would be signed. If the resident refused, that would also be documented. They stated this was discussed by the Interdisciplinary Team (IDT).
7. Interview with the RNC, on 03/30/3022 at 2:53 PM, revealed leadership was conducting random rounding per the audits described in the IJ Removal Plan. The RDO/Administrator stated they used audit sheets for rounding. She stated there were multiple audit sheets to cover different areas. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed that the Corporate MDS Support Nurse was involved in reassessing residents after room transfers. Continued interview revealed residents were monitored for seventy-two (72) hours post transfer. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed with transfers, she was responsible for updating care plans with specific goals within the psychosocial focus. The MDS Coordinator stated she added care plan elements for acute issues, then documented that a particular acute issue was resolved from the care plan. She stated every resident, who had been transferred, had their care plan updated, by her or the MDS Support Nurse. Interview with SRNA #8, on 03/30/2022 at 3:50 PM, revealed residents were on 72-hour monitoring after they were moved or at admission to make sure they were not depressed or sad. SRNA #8 also stated leaders were rounding and asking staff about issues such as abuse and other things. Interview with LPN #5 on 03/30/2022 at 4:07 PM, revealed leadership was rounding and asking about the issues; care plans were being updated; and residents were being assessed for 72 hours post transfer. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed that nursing maintained 72-hour acute monitoring after a room transfer and leaders were rounding and asking questions about the training issues.
8. Interview with the Regional Director of Operations (RDO)/Interim Administrator, on 03/30/2022 at 2:53 PM, revealed a new Dietary Manager was hired and was currently in training. The RDO stated he had brought in a consulting company, for a six (6) week period, to help with training the dietary/kitchen staff, as well as having the Regional Dietary Manager and Dietary Managers from sister facilities to come to the facility to help with the training and auditing to ensure compliance with food regulations.
Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed she had received training on a lot of dietary issues including snacks; snacks coming out at 10:00 AM, 2:00 PM and 8:00 PM; diabetics needed more protein at bedtime, including having more substantial snacks offered for diabetics, also extra snacks maintained for everybody.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed the facility's food was a lot better; snacks came regularly, and nourishment rooms were well stocked with different snacks and drinks.
Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the residents were reporting the food was much better. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed food has been much better, residents had commented on improved food and when she helped pick up trays, she has noticed increased consumption. She said she had observed snacks being distributed since the survey.
Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed the food looked better. She stated stated snacks were now coming out at 10:[TRUNCATED]
CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0559
(Tag F0559)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policies, it was determined the facility failed to ensure reside...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and review of the facility's policies, it was determined the facility failed to ensure residents received written notice, including the reason for the room change/transfer, for eight (8) of fifty-three (53) sampled residents (Residents #6, #50, #72, #49, #3, #40, #60, and #82.
The facility transferred Resident #6's personal belongings to another room, but when Resident #6 refused the transfer, the facility did not return the belongings for four (4) days. Resident #6 was upset and cried for four (4) days. The facility transferred Resident #50 out of a room the resident had shared with his/her spouse who had died in the room. The facility transferred Resident #72 several times who is a fall risk and has limited vision. The facility transferred Resident #49 who has Alzheimer's; the transfers caused confusion and behaviors. The facility transferred Resident #3 to another room. The move resulted in the resident having no social interactions with a roommate. The facility attempted to transfer Resident #40, who has Alzheimer's Disease, and felt his/her current room was his/her home. The facility transferred Resident #60 into a smaller room where the resident was more dependent on staff for ADL care and limited mobility to walk in the room. The facility transferred Resident #82, who has Alzheimer's Disease, to another room which caused increased behaviors.
The facility's failure to ensure staff followed the facility's policy for transfers as well as Resident Rights, has caused or is likely to cause serious injury, serious harm, or death to residents. Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
The findings include:
Review of the facility's policy titled, Resident Rights H5MAPL0768, undated, revealed the resident had the right to refuse a transfer from a distinct part within the institution. Continued review revealed the facility would make every effort to assist each resident in exercising his/her rights to assure that the resident was always treated with respect, kindness, and dignity.
Review of the facility's policy titled, Transfers: Room to Room H5MAPL0792, dated 08/01/2013, revealed where feasible the facility would make room to room transfers when requested by the resident or as could become necessary to meet the resident's medical and nursing needs. Continued review revealed unless medically necessary or for the safety and well-being of the resident(s), a resident would be provided with an advance notice of the room transfer. Such notice would include the reason(s) why the move was recommended. It also stated the residents had a right to refuse a transfer from a distinct part within the facility. In addition, documentation of a room transfer would be recorded in the resident's medical record.
Review of the facility's admission Agreement, under Patient Rights, undated, revealed the resident had the right to receive written notice, including the reason for the change, before the resident's room or roommate was changed.
1. Review of Resident #6's medical record revealed the facility admitted the resident, on 08/10/2021, with diagnoses which included Vertebra Fracture, Dementia, Depression, and Anxiety. Review of Resident #6's Quarterly Minimum Data Set (MDS), dated [DATE], revealed the resident's Brief Interview for Mental Status (BIMS) score of fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #6, on 03/10/2022 at 10:30 AM, revealed he/she did not receive a written notice prior to the facility's attempt to transfer him/her to another room. Resident #6 stated he/she refused to be transferred. The resident stated housekeeping staff removed all of his/her personal belongings from the current room and moved them to the room the facility intended to transfer Resident #6. Resident #6 stated he/she asked repeatedly for his/her belonging to be returned, from 02/24/2022 until 02/28/2022 when the personal belongings were returned. Resident #6 stated he/she told staff this was abusive, and the resident was distraught and cried daily.
2. Review of Resident #50's medical record revealed the facility originally admitted Resident #50, on 09/17/2018 with diagnoses which included Nightmare Disorder, Insomnia, Hypertension, Depression, Anxiety, and Chronic Pain. Continued review of Resident #50's Quarterly MDS, dated [DATE], revealed the resident's BIMS score of fifteen (15) of fifteen, which indicated intact cognition.
Interview with Resident #50, on 03/12/2022 at 11:00 AM, revealed he/she did not receive any notice of a transfer on 02/07/2022. Resident #50 stated housekeeping staff came in and informed him/her of the transfer and started taking items off the walls and packing up his/her personal belongings. Resident #50 stated he/she became very upset and cried all day long. Resident #50 stated he/she did not want to move out of the current room since he/she had shared the room with his/her spouse who died in the room.
3. Review of Resident #72's medical record revealed the facility admitted the resident, originally on 09/17/2019, with diagnoses which included Chronic Respiratory Failure, COPD, Atrial Fibrillation, Dementia, Congestive Heart Failure, Depression, Anxiety, and Osteoarthritis. Review of Resident #72's Quarterly MDS, dated [DATE], revealed a BIMS' score of five (5), which indicated severe cognitive impairment.
Interview with Resident #72's POA/NOK, on 03/12/2022 at 10:10 AM, revealed he/she had never received any type of notice of the resident's transfers. The POA/NOK stated the resident had macular degeneration which caused sight limitations and would have to be re-oriented to the new rooms after the transfers. Review of the facility's Action Summary, dated 03/08/2022, revealed Resident #72 was transferred on 09/10/2021, 12/22/2021, 12/28/2021, 01/07/2022, 01/28/2022, 02/09/2022, 02/13/2022, 02/23/2022, 02/24/2022, and 03/23/2022.
4. Review of Resident #49's medical record revealed the facility originally admitted Resident #49, on 05/20/2021, with diagnoses which included Hypertension, Anxiety, and Dementia. Continued review of Resident #49's Quarterly MDS, dated [DATE], revealed the resident's BIMS score of five (5) of fifteen, which indicated severe cognitive impairment.
Interview with Resident #49's POA (Power of Attorney)/Next of Kin (NOK), on 03/09/2022 at 11:10 AM, revealed the resident had Alzheimer's Disease, and the room transfers confused the resident and increased the resident's agitation. The POA/NOK stated he/she had never received a written notice nor, the reason for the transfers for Resident #49.
5. Review of Resident #3's medical record revealed the facility admitted the resident, on 01/31/2020, with diagnoses which included Chronic Obstructive Pulmonary Disease (COPD), Hypertension, and Multiple Sclerosis. Review of Resident #3's Quarterly MDS, dated [DATE], revealed Resident #3's BIMS' score was fifteen (15) of fifteen, which indicated intact cognition.
Interview with Resident #3, on 03/11/2022 at 9:50 AM, revealed he/she was moved from his/her room five (5) times in a period of five (5) months. Resident #3 stated he/she was notified right before the moves occurred, and he/she was pissed off because he/she should have gotten to one place and stayed. The resident stated COVID was the reason given for one (1) of the moves, but the resident could not recall the reasons for the other four (4) times he/she was moved.
6. Review of Resident #40's medical record revealed the facility admitted the resident, on 04/26/2021, with diagnoses which included Alzheimer's Disease, Assistance with Personal Care, Cerebrovascular Disease, Osteoarthritis, and Depression. Review of Resident #40's Quarterly MDS, dated [DATE], revealed under Section C - Cognition, severely impaired cognition.
Interview with Resident #40's Spouse, on 03/10/2022 at 11:25 AM, revealed he/she had visited the resident on 02/14/2022. The following week, when he/she visited, the facility was in the process of transferring the resident to another room. The spouse stated he/she was not notified of the transfer and felt the Administrator was retaliating against the resident since he/she had complained, on 02/16/2022, about the resident being in soiled clothes and wearing the same clothes for two (2) days. The spouse stated Resident #40 had Alzheimer's Disease and was confused with room changes.
7. Review of Resident #60's medical record revealed the facility admitted the resident, on 01/14/2021, with diagnoses which included Congestive Heart Failure, Chest Pain, Atrial Fibrillation, and Hypertension. Review of Resident #60's Quarterly MDS, dated [DATE], revealed the facility assessed the resident to have a BIMS' score of fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #60, on 03/12/2022 at 1:50 PM, revealed he/she never received any written notice or an explanation for the room transfers. Resident #60 stated his/her current room was smaller than his/her previous room. The resident stated this made self-ambulation harder to perform. The resident stated the bathroom was smaller, so staff had to take him/her to the shower room to provide personal hygiene. Resident #60 was moved three (3) times. Review of the facility's Action Summary, dated 03/08/2022, revealed Resident #60 was transferred to another room on 10/08/2021, 12/06/2021, and 12/22/2021.
8. Review of Resident #82's medical record revealed the facility admitted the resident, on 02/06/2021 with diagnoses which included Diabetes, Hypertension, Repeated Falls, Dementia, Depression, and Anxiety. Review of Resident #82's Quarterly MDS, dated [DATE], revealed the resident's BIMS score of nine (9) of fifteen (15), which indicated moderate cognitive impairment.
Interview with Resident #82's POA/NOK, on 03/16/2022 at 3:45 PM, revealed the facility called him/her to inform him/her of the transfer of the resident to another room, on 10/14/2021. The POA/NOK stated the reason given was to be able to provide more monitoring of the resident since the room was across from the nurse's station.
However, review of Resident #82's Psychiatric Nurse Practitioner's Note, from 10/28/2021, revealed the resident stated that he/she was stressed from just being there and in a bad mood due to having to change rooms. Record review revealed the resident required increased supervision for behaviors and suicidal ideation (sad and wanted to go home) during this period.
Interview with the Administrator, on 03/15/2022 at 1:45 PM, revealed she was unaware of the regulation to give a resident a written notice prior to room transfer. The Administrator stated many of the transfers were to move residents onto the COVID unit after a breakout as well as moving residents off of the COVID unit. The Administrator also stated transfers were needed on the COVID unit since two (2) resident rooms shared a joint bathroom, and the transfers were needed to ensure the residents of the same sex were sharing a bathroom.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS Support Nurse.
5. All staff not available during the time of the reeducation, including agency staff, will receive education by the DON or ADONs to include a post-test upon the day of return to work prior to working the shift. New hires will receive the education during orientation. Any newly hired Administrator, Social Services Director, and/or admission Director will be provided education and a post-test during orientation.
6. The facility developed a Room Change Form. Any potential room change will be discussed with the Intra-Disciplinary Team (IDT) which included the DON, ADONs, Administrator, Social Services Director, and the admission Director. If the IDT approves, the admission Director will proceed and ensure that all belongings are moved. The IDT will review the Room Change Form at the next meeting to ensure all room moves were handled per facility policy. If a room change was emergent and after hours, the nurse will contact the Administrator, DON, or Admissions Director for approval. If approved, the Room Change Form will be completed and reviewed by the IDT at its next meeting.
7. The DON, ADON's, Staffing Coordinator, Central Supply Coordinator, and/or licensed nurse conducted audits of all room moves to determine if the resident's belongings were sent with each room change for thirty (30) days. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse conducted visual observation rounds to determine if good/services were provided, and that the residents had no concerns related to abuse daily until removal of the immediate jeopardy; these audits will be presented to the QAPI meeting daily. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse will question/interview five (5) employees on random shifts daily to determine understanding and reporting abuse. All residents will be assessed for seventy-two (72) hours post room change for adjustment and satisfaction related to room transfers by either the Social Services Director (Social Worker from a sister facility) or Licensed Nurse. The care plan will be updated with room changes to provide care related to the room change.
8. A new Dietary Director was hired on 03/21/2022. The facility contracted with a dietary consulting company, on 03/14/2022 to provide on-site food services consulting for up to six (6) weeks. The consulting company will be utilized to assist in the training of the new dietary manager to include storage, prepare, distribute, and serve food in accordance with professional standards for food service safety. The Regional Director of Operations (RDO) has had dietary managers from other buildings come to the facility to provide support and training for staff daily. The facility-initiated food handling course through efoodhandlers, approved by the local County Health Department, beginning on 03/16/2022 and completion by 03/24/2022. Any new hire will receive the education during general orientation.
9. Food temperature logs, observation of staff taking the temperature of food with each meal and food storage will be audited daily by the Dietary Manager (from sister facility). The results of these daily audits will be given to the Administrator and presented to the QAPI (Quality Assurance and Performance Improvement) Committee daily.
10. The Regional Director of Operations (RDO), Social Services Director (SSD), the DON, and/or the ADONs will report the review findings of the above audits daily to the Quality Assurance and Performance Improvement Committee which consists of the Administrator, DON, ADON, Admissions Coordinator, the Medical Director, and the Staffing Coordinator.
11. The Regional Director of Operations and Regional Clinical Operations Consultant discussed the potential plans of correction, on 03/22/2022, with the Medical Director to develop an IJ Removal Plan. The QAPI Committee met on 03/24/2022 and 03/25/2022 to review all education, interventions, and audits. The QAPI Committee will meet daily until the Immediate Jeopardy has been removed.
The State Survey Agency validated the implementation of the facility's Immediate Jeopardy (IJ) Removal Plan as follows:
1. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed she was the previous Environmental Services Director and she had Resident #6's personal belongings returned to the resident on 02/28/2022. Review of Resident #6's medical record, on 03/31/2022, revealed the Patient Health Assessment-9 (PHQ-9) was completed as well as documentation by the Licensed Mental Health Counselor. Review of Resident #49, Resident #50, Resident #40, Resident #3, Resident #72, Resident #60, and Resident #82's medical record revealed documented interviews with either the resident or their next of kin by the Licensed Mental Health Counselor. Interview with Resident #6, on 03/31/2022 at 9:30 AM, revealed he/she had spoken to the Licensed Mental Health Counselor regarding his/her belongings being moved out of the room. No concerns were noted.
2. Interview with the Regional Director of Operations (RDO) and the Interim Administrator, on 03/30/2022 at 2:53 PM, revealed the previous Administrator was terminated on 03/20/2022. The RDO/Interim Administrator provided documentation of his referral to the Kentucky Board of Licensure for Long Term Care Administrators related to the previous Administrator's actions.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed things were going smoother since the Administrator left, and stated the general feeling of staff was less tense. Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the general feeling with staff and residents was better recently. Interview with the Maintenance Technician, on 03/30/2022 at 4:13 PM, revealed things were 100% better since the Administrator left; in the last two weeks, communication was way better for maintenance now; staff seemed much happier and were willing to be at work since the Administrator was gone. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed residents and staff seemed in better spirits, staff having a better day helps residents have a better day also. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed residents seemed less tense lately and staff were less tense last week with the Administrator change.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed the atmosphere of the staff was like a weight had been lifted; residents seemed stressed and tense before and this has improved, and there were more residents participating in activities. Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed the atmosphere was so much better and staff were less on edge. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed the mood among the staff and residents was much better, like a burden had been lifted from their shoulders. She stated more residents had been coming to activities recently.
3. Review of clinical records, with dates beginning on 03/30/2022, revealed PHQ-9 assessments and documentation of interviews of all residents' charts, who had experienced a room transfer since 01/01/2022. Interview with the MDS Support Nurse, on 03/31/2022 at 11:34 AM, revealed she had completed all the PHQ-9 on residents, who had experienced a transfer within the facility since 01/01/2022 until the present on 03/22/2022.
4. Interview with the Regional Director of Operations (RDO)/Interim Administrator and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed they had provided education to the DON regarding Patient Rights, Abuse, Transfers, as well as reporting Abuse on 03/23/2022.
Interview with the DON, on 03/31/2022 at 10:45 AM, revealed the RDO and RNC provided her with the documented education and, she in turn, provided the information to the ADONs. They then started the education with the rest of the staff to ensure compliance with regulations. The DON stated she was working with the HR Manager to ensure all staff members received the required education.
Interviews on 03/30/2022 and 03/31/2022 with the MDS Coordinator at 3:38 PM, SRNA #8 at 3:50 PM, LPN #13 at 4:02 PM, LPN #5 at 4:07 PM, Maintenance Technician at 4:13 PM, Laundry Aide at 4:32 PM, LPN #7 at 4:45 PM, SRNA #9 at 4:50 PM; on 03/31/2022 with Dietary Aide (DA) #3 at 9:48 AM, Dietary Manager (RDM) at 10:28 AM, and the Activities Director at 3:14 PM revealed they had all received training about residents' rights, abuse, de-escalation, reporting abuse, care planning, social services, administration (specifically reporting abuse to administrator or above to compliance hotline or state, on room transfers, that residents' belongings should be moved, and about respect and dignity. They further revealed the leadership was rounding and quizzing them on recent education issues.
5. Interview with the Human Resource (HR) Manager, on 03/31/2022 at 2:52 PM, revealed the staff had a lot of education and she was keeping a master list to ensure all staff received all the education required before starting their shift. The DON, ADONs, and other Directors/Managers were kept up to date with which staff needed to take the required education and training and complete a posttest prior to working, by the HR Manager.
6. Interview with the Regional Director of Operations (RDO) and Interim Administrator, Admissions Coordinator (AC), and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed the facility developed a Room Change Form/procedure. Prior to a room transfer, staff would obtain permission from the resident and/or POA with a witness. Further interview revealed they would document it on the designated form, and either email (electronic mail), fax or text so that written notice was given, and then the form would be signed. If the resident refused, that would also be documented. They stated this was discussed by the Interdisciplinary Team (IDT).
7. Interview with the RNC, on 03/30/3022 at 2:53 PM, revealed leadership was conducting random rounding per the audits described in the IJ Removal Plan. The RDO/Administrator stated they used audit sheets for rounding. She stated there were multiple audit sheets to cover different areas. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed that the Corporate MDS Support Nurse was involved in reassessing residents after room transfers. Continued interview revealed residents were monitored for seventy-two (72) hours post transfer. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed with transfers, she was responsible for updating care plans with specific goals within the psychosocial focus. The MDS Coordinator stated she added care plan elements for acute issues, then documented that a particular acute issue was resolved from the care plan. She stated every resident, who had been transferred, had their care plan updated, by her or the MDS Support Nurse. Interview with SRNA #8, on 03/30/2022 at 3:50 PM, revealed residents were on 72-hour monitoring after they were moved or at admission to make sure they were not depressed or sad. SRNA #8 also stated leaders were rounding and asking staff about issues such as abuse and other things. Interview with LPN #5 on 03/30/2022 at 4:07 PM, revealed leadership was rounding and asking about the issues; care plans were being updated; and residents were being assessed for 72 hours post transfer. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed that nursing maintained 72-hour acute monitoring after a room transfer and leaders were rounding and asking questions about the training issues.
8. Interview with the Regional Director of Operations (RDO)/Interim Administrator, on 03/30/2022 at 2:53 PM, revealed a new Dietary Manager was hired and was currently in training. The RDO stated he had brought in a consulting company, for a six (6) week period, to help with training the dietary/kitchen staff, as well as having the Regional Dietary Manager and Dietary Managers from sister facilities to come to the facility to help with the training and auditing to ensure compliance with food regulations.
Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed she had received training on a lot of dietary issues including snacks; snacks coming out at 10:00 AM, 2:00 PM and 8:00 PM; diabetics needed more protein at bedtime, including having more substantial snacks offered for diabetics, also extra snacks maintained for everybody.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed the facility's food was a lot better; snacks came regularly, and nourishment rooms were well stocked with different snacks and drinks.
Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the residents were reporting the food was much better. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed food has been much better, residents had commented on improved food and when she helped pick up trays, she has noticed increased consumption. She said she had observed snacks being distributed since the survey.
Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed the food looked better. She stated stated snacks were now coming out at 10:00 AM and 2:00 PM on her shift and the nourishment rooms were better stocked.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed multiple residents had reported the meals were better.
Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed she had worked at the facility for six (6) months and there had been in-services nearly every day. Continued interview revealed instruction/reminders were posted on the walls; and, kitchen staff had received training from a corporate contractor and a Dietary Manager (DM) from another facility.
Interview on 03/31/2022 with [NAME] #2 at 10:10 AM; [NAME] #3 at 10:25 AM, and with DA #1 at 10:45 AM, all revealed they had received training on hand washing, gloves, food temperatures, dishwasher, on all the sanitizers; specifically training on holding temperatures for hot and cold foods, how to calibrate a thermometer, how to measure the temps of the food, including not touching the pan; food storage, including thawing meat on lowest shelf not above other foods; plating coverings; reading the tray cards for food preferences or specialty utensils/plates; watch for food dislikes and likes; and on the requirement to provide snacks to residents by Regional Dietary Manager (RD[TRUNCATED]
CRITICAL
(K)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Deficiency F0745
(Tag F0745)
Someone could have died · This affected multiple residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and the facility's Social Services Director job description, it was determined the facility f...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on interview, record review, and the facility's Social Services Director job description, it was determined the facility failed to provide medically-related social services related to the failure to advocate for residents and to assist them in the assertion of their rights. Residents were not assisted by the Social Services Director in voicing and obtaining resolution to grievances about treatment, living conditions, and accommodation of needs.
Also, the Social Services Director did not provide services to meet the needs of residents who were coping with stressful events. This deficient practice affected eight (8) of fifty-three (53) sampled residents (Residents #3, #6, #40, #49, #50, #60, #72, and #82).
The facility's failure to provide medically-related social services to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident has caused or is likely to cause serious injury, serious harm, or death to a resident. Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
The findings include:
Review of the facility's job description, Social Services Director, undated, revealed the essential functions included: to ensure that all residents were given fair and equitable treatment, the freedom of self-determination and individuality, and the respect for privacy, property, and civil rights.
Review of the facility's admission Agreement, Resident Rights, undated, revealed the resident(s) had the right to be free from mental and physical abuse. In addition, the resident had the right to retain and use personal possessions, including furniture, and clothing, as space permitted. Further, the resident had the right to receive written notice, including the reason for the change, before the resident's room or roommate in the facility was changed.
Interview with the Administrator, on 03/13/2022 at 11:05 AM, revealed it was the responsibility of the Social Services Director to inform the residents and/or their POA/NOK (Power of Attorney/Next of Kin) when a room transfer was warranted. The Administrator stated the Social Services Director (SSD) was responsible for documentation in the medical record when the notification of a room transfer was given. Also, she stated it was the responsibility of the SSD to follow up with the resident(s) after a transfer and document their emotional well-being after the transfer.
1. Review of Resident #6's medical record revealed the facility admitted the resident, on 08/10/2021, with diagnoses which included Vertebra Fracture, Dementia, Depression, and Anxiety. Review of Resident #6's Quarterly Minimum Data Set (MDS), dated [DATE], revealed the facility assessed the resident's Brief Interview for Mental Status (BIMS) score of fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #6, on 03/10/2022 at 10:30 AM, revealed he/she did not receive any written notice prior to the facility's attempt to transfer him/her to another room. Resident #6 stated he/she refused to be transferred. The resident stated housekeeping staff removed all of his/her personal belongings from the current room and moved them to the room the facility intended to transfer Resident #6. Resident #6 stated he/she asked repeatedly for his/her belongings to be returned, from 02/24/2022 until 02/28/2022 when the personal belongings were returned. Resident #6 stated he/she told staff this was abusive, and he/she was distraught and cried daily.
Continued review of Resident #6's medical record, in the Social Service Notes, revealed no documentation related to the resident being without his/her belongings from 02/24/2022 to 02/28/2022. Additionally, there were no interventions by Social Services to address Resident #6's psychosocial needs.
2. Review of Resident #49's medical record revealed the facility originally admitted Resident #49, on 05/20/2021, with diagnoses which included Hypertension, Anxiety, and Dementia. Review of Resident #49's Quarterly MDS, dated [DATE], revealed the facility assessed the resident's BIMS score to be five (5) of fifteen, which indicated severe cognitive impairment.
Interview with Resident #49's POA (Power of Attorney)/Next of Kin (NOK), on 03/09/2022 at 11:10 AM, revealed the resident had Alzheimer's Disease, and the three (3) room transfers confused the resident and increased the resident's agitation. The POA/NOK stated he/she had never received a written notice, or the reason for the transfers for Resident #49.
Continued review of Resident #49's medical record, in the Social Service notes, revealed no documentation that the SSD assessed the resident's psychosocial needs related to the resident's three (3) room transfers.
3. Review of Resident #40's medical record revealed the facility admitted the resident, on 04/26/2021, with diagnoses which included Alzheimer's Disease, Assistance with Personal Care, Cerebrovascular Disease, Osteoarthritis, and Depression. Review of Resident #40's Quarterly MDS, dated [DATE], revealed under Section C - Cognition, severely impaired cognition.
Interview with Resident #40's Spouse, on 03/10/2022 at 11:25 AM, revealed he/she had visited the resident on 02/14/2022. The following week, when he/she visited, the facility was in the process of transferring the resident to another room. The spouse stated he/she felt the moves were harmful for the resident because he/she had Alzheimer's Disease and was confused with room changes.
Continued review of Resident #40's medical record revealed there was no documentation in the Social Service notes that the SSD assessed the resident's psychosocial needs related to the move.
4. Review of Resident #3's medical record revealed the facility admitted the resident, on 01/31/2020, with diagnoses which included Chronic Obstructive Pulmonary Disease (COPD), Hypertension, and Multiple Sclerosis. Review of Resident #3's Quarterly MDS, dated [DATE], revealed the facility assessed Resident #3's BIMS score as fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #3, on 03/11/2022 at 9:50 AM, revealed he/she was moved from his/her room five (5) times in a period of five (5) months. Resident #3 stated he/she was notified right before the moves occurred, and he/she was pissed off because he/she should have gotten to one place and stayed. Resident #3 stated he/she was angry about the move and lacked the social interaction he/she had in his/her previous room. Resident #3 stated he/she wanted to return to his/her original room.
Continued review of Resident #3's medical record revealed there was no documentation in the Social Service Notes following the transfers, and no documentation that the SSD assessed the resident's psychosocial needs.
5. Review of Resident #72's medical record revealed the facility admitted the resident, originally on 09/17/2019, with diagnoses which included Chronic Respiratory Failure, Atrial Fibrillation, Dementia, Congestive Heart Failure, Depression, Anxiety, and Osteoarthritis. Review of Resident #72's Quarterly MDS, dated [DATE], revealed a BIMS' score of five (5), which indicated severe cognitive impairment.
Interview with Resident #72's POA/NOK, on 03/12/2022 at 10:10 AM, revealed the resident had macular degeneration which caused sight limitations and made him/her at risk for falls. The POA/NOK stated the risk for falls and injuries increased because he/she would have to be re-oriented to the new room after each transfer. The POA/NOK stated the resident had been moved numerous times.
Review of the facility's Action Summary, dated 03/08/2022, revealed Resident #72 was transferred to another room on 09/10/2021, 12/22/2021, 12/28/2021, 01/07/2022, 01/28/2022, 02/09/2022, 02/13/2022, 02/23/2022, and 02/24/2022.
Continued review of Resident #72's medical record, in the Social Service notes, revealed no documentation that the SSD assessed the resident's psychosocial needs following the resident's numerous transfers.
6. Review of Resident #60's medical record revealed the facility admitted the resident, on 01/14/2021, with diagnoses which included COPD, Congestive Heart Failure, Chest Pain, Atrial Fibrillation, and Hypertension. Review of Resident #60's Quarterly MDS, dated [DATE], revealed the facility assess the resident to have a BIMS' score of fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #60, on 03/12/2022 at 1:50 PM, revealed he/she never received any written notice or the explanation for the several room transfers and was not happy about the moves. Resident #60 stated his/her current room was smaller than his/her previous room. The resident stated this made self-ambulation harder to perform. The resident stated the bathroom was smaller, so staff had to take him/her to the shower room to provide personal hygiene.
Review of the facility's Action Summary, dated 03/08/2022, revealed Resident #60 was transferred three (3) times; 10/08/2021, 12/06/2021, and 12/22/2021.
Continued review of Resident #60's medical record, in the Social Service note, revealed no Social Service documentation related to the transfers, and no documented evidence the SSD addressed Resident #60's needs.
7. Review of Resident #50's medical record revealed the facility originally admitted Resident #50, on 09/17/2018, with diagnoses which included Nightmare Disorder, Insomnia, Hypertension, Depression, Anxiety, and Chronic Pain. Review of Resident #50's Quarterly MDS, dated [DATE], revealed the resident's BIMS score was fifteen (15) of fifteen (15), which indicated intact cognition.
Interview with Resident #50, on 03/12/2022 at 11:00 AM, revealed he/she did not receive any notice of a transfer on 02/07/2022. Resident #50 stated housekeeping staff came in and informed him/her of the transfer and started taking items off the walls and packing up his/her personal belongings. Resident #50 stated he/she became very upset and cried all day long, increasing the resident's anxiety and depression due to the transfer. Resident #50 stated he/she did not want to move out of the current room since he/she had shared the room with his/her spouse who died in the room.
Continued review of Resident #50's medical record, in the Social Service notes, revealed no documentation of the SSD's assessment of the resident's psychosocial needs related to the room transfer.
8. Review of Resident #82's medical record revealed the facility admitted the resident, on 02/06/2021, with diagnoses which included Diabetes, Hypertension, Repeated Falls, Dementia, Depression, and Anxiety. Review of Resident #82's Quarterly MDS, dated [DATE], revealed the resident had a BIMS' score of nine (9) of fifteen (15), which indicated moderate cognitive impairment.
Interview with Resident #82's POA/NOK, on 03/16/2022 at 3:45 PM, revealed the facility called him/her to inform him/her of Resident #82's transfer to another room, on 10/14/2021. The POA/NOK was told the transfer was to provide more monitoring of the resident since the room was across from the nurse's station.
However, additional review of Resident #82's medical record revealed the Psychiatric Nurse Practitioner's Note, from 10/28/2021. Further review of the Note revealed the resident stated that he/she was stressed from just being there and in a bad mood due to having to change rooms. Record review revealed the resident required increased supervision for behaviors and suicidal ideation during this period.
Continued review of Resident #82's medical record, in the Social Service notes, revealed no SSD documentation of an assessment following the resident's transfers.
Interview with the former Social Services Director, on 03/10/2022 at 9:35 AM, revealed she did rounds of the residents after the transfers, but she was directed by the Administrator not to put any documentation in the residents' medical records. The former Social Services Director stated she told the Administrator many of the residents were unhappy and upset with the transfers, but the Administrator took no action regarding these concerns.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS Support Nurse.
5. All staff not available during the time of the reeducation, including agency staff, will receive education by the DON or ADONs to include a post-test upon the day of return to work prior to working the shift. New hires will receive the education during orientation. Any newly hired Administrator, Social Services Director, and/or admission Director will be provided education and a post-test during orientation.
6. The facility developed a Room Change Form. Any potential room change will be discussed with the Intra-Disciplinary Team (IDT) which included the DON, ADONs, Administrator, Social Services Director, and the admission Director. If the IDT approves, the admission Director will proceed and ensure that all belongings are moved. The IDT will review the Room Change Form at the next meeting to ensure all room moves were handled per facility policy. If a room change was emergent and after hours, the nurse will contact the Administrator, DON, or Admissions Director for approval. If approved, the Room Change Form will be completed and reviewed by the IDT at its next meeting.
7. The DON, ADON's, Staffing Coordinator, Central Supply Coordinator, and/or licensed nurse conducted audits of all room moves to determine if the resident's belongings were sent with each room change for thirty (30) days. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse conducted visual observation rounds to determine if good/services were provided, and that the residents had no concerns related to abuse daily until removal of the immediate jeopardy; these audits will be presented to the QAPI meeting daily. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse will question/interview five (5) employees on random shifts daily to determine understanding and reporting abuse. All residents will be assessed for seventy-two (72) hours post room change for adjustment and satisfaction related to room transfers by either the Social Services Director (Social Worker from a sister facility) or Licensed Nurse. The care plan will be updated with room changes to provide care related to the room change.
8. A new Dietary Director was hired on 03/21/2022. The facility contracted with a dietary consulting company, on 03/14/2022 to provide on-site food services consulting for up to six (6) weeks. The consulting company will be utilized to assist in the training of the new dietary manager to include storage, prepare, distribute, and serve food in accordance with professional standards for food service safety. The Regional Director of Operations (RDO) has had dietary managers from other buildings come to the facility to provide support and training for staff daily. The facility-initiated food handling course through efoodhandlers, approved by the local County Health Department, beginning on 03/16/2022 and completion by 03/24/2022. Any new hire will receive the education during general orientation.
9. Food temperature logs, observation of staff taking the temperature of food with each meal and food storage will be audited daily by the Dietary Manager (from sister facility). The results of these daily audits will be given to the Administrator and presented to the QAPI (Quality Assurance and Performance Improvement) Committee daily.
10. The Regional Director of Operations (RDO), Social Services Director (SSD), the DON, and/or the ADONs will report the review findings of the above audits daily to the Quality Assurance and Performance Improvement Committee which consists of the Administrator, DON, ADON, Admissions Coordinator, the Medical Director, and the Staffing Coordinator.
11. The Regional Director of Operations and Regional Clinical Operations Consultant discussed the potential plans of correction, on 03/22/2022, with the Medical Director to develop an IJ Removal Plan. The QAPI Committee met on 03/24/2022 and 03/25/2022 to review all education, interventions, and audits. The QAPI Committee will meet daily until the Immediate Jeopardy has been removed.
The State Survey Agency validated the implementation of the facility's Immediate Jeopardy (IJ) Removal Plan as follows:
1. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed she was the previous Environmental Services Director and she had Resident #6's personal belongings returned to the resident on 02/28/2022. Review of Resident #6's medical record, on 03/31/2022, revealed the Patient Health Assessment-9 (PHQ-9) was completed as well as documentation by the Licensed Mental Health Counselor. Review of Resident #49, Resident #50, Resident #40, Resident #3, Resident #72, Resident #60, and Resident #82's medical record revealed documented interviews with either the resident or their next of kin by the Licensed Mental Health Counselor. Interview with Resident #6, on 03/31/2022 at 9:30 AM, revealed he/she had spoken to the Licensed Mental Health Counselor regarding his/her belongings being moved out of the room. No concerns were noted.
2. Interview with the Regional Director of Operations (RDO) and the Interim Administrator, on 03/30/2022 at 2:53 PM, revealed the previous Administrator was terminated on 03/20/2022. The RDO/Interim Administrator provided documentation of his referral to the Kentucky Board of Licensure for Long Term Care Administrators related to the previous Administrator's actions.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed things were going smoother since the Administrator left, and stated the general feeling of staff was less tense. Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the general feeling with staff and residents was better recently. Interview with the Maintenance Technician, on 03/30/2022 at 4:13 PM, revealed things were 100% better since the Administrator left; in the last two weeks, communication was way better for maintenance now; staff seemed much happier and were willing to be at work since the Administrator was gone. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed residents and staff seemed in better spirits, staff having a better day helps residents have a better day also. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed residents seemed less tense lately and staff were less tense last week with the Administrator change.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed the atmosphere of the staff was like a weight had been lifted; residents seemed stressed and tense before and this has improved, and there were more residents participating in activities. Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed the atmosphere was so much better and staff were less on edge. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed the mood among the staff and residents was much better, like a burden had been lifted from their shoulders. She stated more residents had been coming to activities recently.
3. Review of clinical records, with dates beginning on 03/30/2022, revealed PHQ-9 assessments and documentation of interviews of all residents' charts, who had experienced a room transfer since 01/01/2022. Interview with the MDS Support Nurse, on 03/31/2022 at 11:34 AM, revealed she had completed all the PHQ-9 on residents, who had experienced a transfer within the facility since 01/01/2022 until the present on 03/22/2022.
4. Interview with the Regional Director of Operations (RDO)/Interim Administrator and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed they had provided education to the DON regarding Patient Rights, Abuse, Transfers, as well as reporting Abuse on 03/23/2022.
Interview with the DON, on 03/31/2022 at 10:45 AM, revealed the RDO and RNC provided her with the documented education and, she in turn, provided the information to the ADONs. They then started the education with the rest of the staff to ensure compliance with regulations. The DON stated she was working with the HR Manager to ensure all staff members received the required education.
Interviews on 03/30/2022 and 03/31/2022 with the MDS Coordinator at 3:38 PM, SRNA #8 at 3:50 PM, LPN #13 at 4:02 PM, LPN #5 at 4:07 PM, Maintenance Technician at 4:13 PM, Laundry Aide at 4:32 PM, LPN #7 at 4:45 PM, SRNA #9 at 4:50 PM; on 03/31/2022 with Dietary Aide (DA) #3 at 9:48 AM, Dietary Manager (RDM) at 10:28 AM, and the Activities Director at 3:14 PM revealed they had all received training about residents' rights, abuse, de-escalation, reporting abuse, care planning, social services, administration (specifically reporting abuse to administrator or above to compliance hotline or state, on room transfers, that residents' belongings should be moved, and about respect and dignity. They further revealed the leadership was rounding and quizzing them on recent education issues.
5. Interview with the Human Resource (HR) Manager, on 03/31/2022 at 2:52 PM, revealed the staff had a lot of education and she was keeping a master list to ensure all staff received all the education required before starting their shift. The DON, ADONs, and other Directors/Managers were kept up to date with which staff needed to take the required education and training and complete a posttest prior to working, by the HR Manager.
6. Interview with the Regional Director of Operations (RDO) and Interim Administrator, Admissions Coordinator (AC), and Regional Nurse Consultant (RNC), on 03/30/2022 at 2:53 PM, revealed the facility developed a Room Change Form/procedure. Prior to a room transfer, staff would obtain permission from the resident and/or POA with a witness. Further interview revealed they would document it on the designated form, and either email (electronic mail), fax or text so that written notice was given, and then the form would be signed. If the resident refused, that would also be documented. They stated this was discussed by the Interdisciplinary Team (IDT).
7. Interview with the RNC, on 03/30/3022 at 2:53 PM, revealed leadership was conducting random rounding per the audits described in the IJ Removal Plan. The RDO/Administrator stated they used audit sheets for rounding. She stated there were multiple audit sheets to cover different areas. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed that the Corporate MDS Support Nurse was involved in reassessing residents after room transfers. Continued interview revealed residents were monitored for seventy-two (72) hours post transfer. Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed with transfers, she was responsible for updating care plans with specific goals within the psychosocial focus. The MDS Coordinator stated she added care plan elements for acute issues, then documented that a particular acute issue was resolved from the care plan. She stated every resident, who had been transferred, had their care plan updated, by her or the MDS Support Nurse. Interview with SRNA #8, on 03/30/2022 at 3:50 PM, revealed residents were on 72-hour monitoring after they were moved or at admission to make sure they were not depressed or sad. SRNA #8 also stated leaders were rounding and asking staff about issues such as abuse and other things. Interview with LPN #5 on 03/30/2022 at 4:07 PM, revealed leadership was rounding and asking about the issues; care plans were being updated; and residents were being assessed for 72 hours post transfer. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed that nursing maintained 72-hour acute monitoring after a room transfer and leaders were rounding and asking questions about the training issues.
8. Interview with the Regional Director of Operations (RDO)/Interim Administrator, on 03/30/2022 at 2:53 PM, revealed a new Dietary Manager was hired and was currently in training. The RDO stated he had brought in a consulting company, for a six (6) week period, to help with training the dietary/kitchen staff, as well as having the Regional Dietary Manager and Dietary Managers from sister facilities to come to the facility to help with the training and auditing to ensure compliance with food regulations.
Interview with the MDS Coordinator, on 03/30/2022 at 3:38 PM, revealed she had received training on a lot of dietary issues including snacks; snacks coming out at 10:00 AM, 2:00 PM and 8:00 PM; diabetics needed more protein at bedtime, including having more substantial snacks offered for diabetics, also extra snacks maintained for everybody.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed the facility's food was a lot better; snacks came regularly, and nourishment rooms were well stocked with different snacks and drinks.
Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the residents were reporting the food was much better. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed food has been much better, residents had commented on improved food and when she helped pick up trays, she has noticed increased consumption. She said she had observed snacks being distributed since the survey.
Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed the food looked better. She stated stated snacks were now coming out at 10:00 AM and 2:00 PM on her shift and the nourishment rooms were better stocked.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed multiple residents had reported t[TRUNCATED]
CRITICAL
(L)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Food Safety
(Tag F0812)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, review of food product package instructions, and review of the facility's polici...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview, record review, review of food product package instructions, and review of the facility's policies, and the www.website it was determined the facility failed to store, prepare, distribute and serve food in accordance with professional standards for food service safety to prevent cross contamination of foods. The facility failed to ensure food was prepared and served at the proper temperature to prevent residents from receiving potentially hazardous food which could cause food-borne illness. This deficient practice had the potential to affect eighty-two (82) of eighty-four (84) current residents, as two (2) residents received tube feedings and not a meal tray.
1. Observations, on 03/08/2022 at 9:20 AM and 4:22 PM, revealed meat thawing without a drip pan underneath it, stored on the middle shelf of the walk-in refrigerator dripping red liquid on or near raw foods. Also, an observation, on 03/17/2022, revealed a whole, plastic wrapped pre-cooked ham, on the middle rack of the walk-in refrigerator, above a shelf containing individual butters. The observation revealed liquid was noted to drip from the packaging when the DM moved the ham to the bottom rack.
2. Interviews with residents/family members and staff revealed, for the evening meal on 03/13/2022, undercooked chicken nuggets and waffle fries were served to residents.
The facility's failure to ensure food served to residents was not contaminated by incorrect storage or prepared undercooked has caused or is likely to cause harm, impairment, or death to a resident. Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
3. Additional observations revealed other improperly stored food items, expired food items, food items undated, and food items opened with no opened date.
4. Interviews with staff and the facility's failure to produce documentation of dietary staff's training records revealed there was not a process in place to ensure adequate training of dietary staff for safe practice.
The findings include:
Review of the facility's policy titled, Food Storage, not dated, revealed the facility was to store raw animal foods separated from each other and stored on lower shelves (below cooked foods or raw fruits and vegetables) in drip proof containers. Further review revealed food would be stored at a minimum of six (6) inches above the floor.
Review of the facility's policy titled, General Hazard Analysis Critical Control Point (HACCP) Guidelines for Food Safety, dated 2019 revealed to thaw meat, fish, and/or poultry in a refrigerator in a drip proof container and in a way that prevented cross contamination (the transfer of harmful substances or disease-causing microorganisms to food). The food should be stored on a lower shelf with nothing underneath or near it.
Review of the facility's policy titled, Floor Stock, dated 2019, revealed limited supplies of food and drink items would be available around the clock from the nursing unit, refrigerator, kitchenette, and/or food storage areas. It stated dietary staff would rotate stock and remove outdated items.
Review of the facility's policy titled, Accurate Temperature Policy, not dated, revealed temperatures of foods should be taken to ensure foods stayed at proper temperatures.
1. Observation, of the walk-in refrigerator, on 03/08/2022 at 9:20 AM, during the initial kitchen tour, revealed on the middle shelf, three (3) five (5) pound rolls of ground beef, in packaging, thawing, with no drip pan underneath. Red liquid was dripping down onto a box of whole raw potatoes sitting on the bottom shelf. In addition, shredded lettuce was sitting beside the ground beef. Further observation revealed, above the ground beef, there was a bag of opened lettuce, one-half full, with an opened date of 02/24/2022 and an expiration date of 02/25/2022.
Observation, of the walk-in refrigerator, on 03/08/2022 at 4:22 PM, with the DM and the Corporate Certified Dietary Manager (CCDM) revealed the ground beef rolls were still thawing on the middle shelf, dripping onto the raw potatoes.
Observation, on 03/17/2022 at 4:41 PM, with the DM and the CCDM, of the kitchen walk-in refrigerator, revealed a whole, plastic wrapped pre-cooked ham, not in a drip proof pan, on the middle shelf, above a shelf containing individual butters. There was also yogurt in containers beside the ham. Observation revealed liquid was noted to drip from the packaging when the DM moved the ham to the bottom rack. The DM stated she felt this was okay since the ham was pre-cooked. The CCDM stated it was unacceptable to have any meat product on the middle shelf and not in a drip proof pan.
2. Review of the product packaging revealed the chicken nuggets that were served to residents on Sunday, 03/13/2022, were to be deep-fried at 350 degrees Fahrenheit for three (3) to four (4) minutes to ensure an internal temperature of 165 degrees Fahrenheit was obtained by a calibrated thermometer.
Interview with Resident #62, on 03/15/2022 at 4:25 PM, revealed that the supper meal on Sunday night, 03/13/2022, contained frozen chicken nuggets. The resident stated the chicken nuggets were raw in the middle, so he/she did not eat it. Further interview revealed the supper menu was chicken nuggets and french fries; however, the fries were still frozen. In addition, the resident stated an aide came into the room and advised him/her to not eat the food, and retrieved the supper tray.
Interview with Resident #5, on 03/15/2022 at 4:08 PM, revealed, on Sunday, 03/13/2022, supper was two (2) hours late, it was served around 7:00 PM. The resident stated the waffle fries were cold. Also, the resident stated he/she had only three (3) chicken nuggets and they were ice cold and he/she did not eat them. The resident stated that the fried potatoes served were barely warm. Resident #5 stated the potatoes were unappetizing, chunked, white, and did not look like they had been fried.
Interview with Resident #49's Power of Attorney (POA), on 03/15/2022 at 9:30 AM, revealed she was at the facility for supper on 03/13/2022. She stated Resident #49 received undercooked chicken nuggets and waffle fries that were cold and had the appearance of not being cooked.
Interview with [NAME] #1, on 03/16/2022 at 11:33 AM, revealed he checked the temperature of the nuggets to be 180 to 185 degrees Fahrenheit before they left the kitchen. After the first two (2) meal carts went out, he stated Dietary Aide (DA) #2 came back and said the chicken nuggets were raw. [NAME] #1 stated he was instructed by the Dietary Manager (DM), when he called her, to throw away the nuggets on the trays and re-bake the nuggets that were left in the kitchen. [NAME] #1 stated he put the nuggets back in the oven for about thirty (30) minutes. He stated the DM came to the facility after he called her and prepared two (2) or three (3) Philly cheesesteak sandwiches for some of the residents. [NAME] #1 stated he was trained on the job by [NAME] #2 for about two (2) days.
Additional telephone interview with [NAME] #1, on 03/18/2022 at 1:39 PM, revealed he put the nuggets from the meal carts that had not been sent out of the kitchen, and the nuggets from the steam table back in the oven for about (30) more minutes. He stated when he checked the temperature of the nuggets again, he checked the centers of several nuggets. He stated he had not received training on how to calibrate a food thermometer.
Interview with Dietary Aide (DA) #2, on 03/16/2022 at 11:47 AM, revealed that she had resigned and that Sunday, 03/13/2022, was the day that caused her to quit. She stated there was only one (1) other staff working in the kitchen that day, the cook. She stated she helped the cook prepare the food: chicken nuggets, waffle fries, and coleslaw. She stated she had already served A Hall, and she was on her way to take 100 and 200 Hall trays, when at least ten (10) nurses came up and were almost yelling that they could not serve the food because it was frozen. However, she stated all the food, when checked for temperature was in the correct range, but she thought the steam table had quit working. She stated dietary staff called the DM, who instructed them to make a new meal. She stated dietary staff made Philly steak sandwiches and tried again to prepare the rest of the nuggets; it was a big ordeal. DA #2 stated the DM came to the facility. [NAME] #1, stated she took the temperature of the steam table, and it would only get to 175 degrees Fahrenheit. DA #2 stated when the trays came back from the first delivery, the chicken nuggets that were returned had a temperature of 153 degrees Fahrenheit, and they felt like they were slightly more than room temperature. DA #2 stated [NAME] #1 had heated the remainder of nuggets that had not been sent out in the oven because the steam table apparently was not working.
However, observation, on 03/17/2022 at 5:11 PM, while foods temperatures were being checked, revealed the steam table appeared hot, and food temperatures were being maintained appropriately.
Interview with State Registered Nurse Aide (SRNA) #24, on 03/15/2022 at 3:38 PM, revealed she was working, on 03/13/2022, and dinner trays were late from the kitchen. She stated the chicken nuggets that were served looked doughy on the outside, the fries looked frozen, and the residents were complaining about the food.
Interview with SRNA #11, on 03/18/2022 at 10:49 AM, revealed she was working on Sunday night on 03/13/2022, on the A Hall The SRNA stated the first supper cart did not come to the floor until approximately 6:00 PM. She stated residents then complained of the food not being cooked and being cold. SRNA #11 stated the chicken nuggets did not look browned. She stated she touched the waffle fries on a returned tray, and they were frozen. She stated the waffle fries were returned to the kitchen for reheating; but, when trays came back within thirty (30) minutes, the potatoes still looked white, but were a little warmer.
Interview with SRNA #22, on 03/15/2022 at 6:11 PM, revealed she and other aides reported the undercooked food to the kitchen staff, and she was told, Don't come in here bitching to us, it is not our fault. SRNA #22 stated she informed nursing staff on her halls and was told, There is not a damn thing I can do. She stated that she and other SRNA's tried to heat the chicken nuggets and potatoes in the microwave for as many residents as they could, but they could not get to all the trays. She stated some residents ate some of the undercooked chicken nuggets.
Interview with the DM, on 03/15/2022 at 4:56 PM, revealed she was called back to the facility on Sunday night, on 03/13/2022, due to the report from the cook that nursing staff had reported the evening meal had chicken nuggets that were cold and not done. She stated she instructed dietary staff to put what was on the steam table back in the oven and that she was coming back to the facility to help with alternative foods to be served. She stated she instructed dietary staff to dispose of the food that had already been sent out and had been returned to the kitchen. She also stated she called the Administrator and the CCDM to let them know what was happening. Further interview revealed the Administrator told her those instructions were correct. The DM stated the outcome of residents eating raw chicken was that it could have made them sick.
Additional interview with the DM, on 03/17/2022, at 10:22 AM, revealed she departed the facility around 2:00 PM or 2:30 PM on Sunday, 03/13/2022. She stated the evening cooks were there already, as they worked 12:00 PM to 8:00 PM. She stated that delivery of the supper trays was supposed to start at 5:00 PM, so plating began around 4:50 PM. The DM stated her instructions to the cook, via phone, while on her way to facility, was to be sure the chicken nuggets had a temperature of 190 degrees Fahrenheit before they were served. When she arrived, she stated dietary staff were placing the second service in the meal cart. The DM stated the chicken nugget she observed upon return to the kitchen, appeared to have a tendon in it that looked pink. In addition, the DM stated that she ensured that food was cooked correctly and appeared palatable by her own observation and by reviewing food temperature logs. She stated she felt comfortable that the Sunday evening kitchen staff were sufficiently trained and prepared to leave alone to prepare a meal without oversight.
Additional interview with the DM, on 03/18/2022 at 4:37 PM, revealed the instructions on the chicken nuggets box stated their internal temperature must reach 165 degrees Fahrenheit, but there were no baking instructions on the box. Again, she stated she knew the potential outcome of eating undercooked poultry was illness from food poisoning.
Interview with the Consulting Dietician, on 03/15/2022 at 11:42 AM, revealed his concern for the undercooked food presented by a resident's family from Sunday night's tray, on 03/13/2022, would be illness.
Interview with the Administrator, on 03/18/2022 at 5:30 PM, revealed she was notified, on 03/13/2022, of problems with chicken nuggets on the evening meal tray. She stated she was not aware of the waffle fries being cold.
Additional interview with the Administrator, on 03/19/2022 at 9:35 AM, revealed the chicken nuggets box was labeled as partially cooked. She stated the nuggets temperature was checked at 175 degrees Fahrenheit per report and record. She stated food thermometers should be calibrated before each meal, but she would check the policy. She stated [NAME] #1 would have been responsible for checking the temperature of the chicken nuggets on Sunday. The food distributor was contacted, after the 03/13/2022 incident, and told her baking was an acceptable method of preparing the chicken nuggets. She stated she reviewed the instructions on the actual packaging from the chicken nuggets that were prepared for the Sunday evening meal. The Administrator stated the package instruction stated the nuggets were uncooked, ice glazed battered chicken breast nuggets.
Interview with the Customer Relations Administrator of Food Quality and Safety for the chicken nugget production company, via telephone, on 03/28/2021 at 2:47 PM, revealed the item (chicken nuggets) was frozen, un-cooked, and needed to be cooked per packaging instructions for safe consuming.
3. Observation, on 03/08/2022 at 9:20 AM, during the initial kitchen tour, of the walk-in refrigerator revealed pork tenderloin in a box on the middle shelf, thawing, without a drip pan underneath it. The Dietary Manager (DM) picked up the box of pork, put it on the bottom shelf, and stated, Someone accidentally left that there while getting something else. There were two (2) pork tenderloin boxes on the bottom shelf with for 03/06 written on the boxes. One package of pork had been removed from one of the boxes, and the box had been lined with foil, with pork put on top of the foil and the box closed.
Interview with the DM, on 03/08/2022 at 9:20 AM, revealed the thawed pork tenderloin was intended for use on 03/06/2022, but there was not enough. She stated they should be able to be used on 03/09/2022, when the other pork tenderloins that were ordered arrived.
Observation, on 03/08/2022 at 9:25 AM, of the walk-in freezer revealed twelve (12) boxes of bulk food sitting on the floor. The DM stated there had been a delivery of food, and dietary staff did not have time to put the boxes on the shelves. However, the boxes were labeled with the received date of 03/04/2022.
Observation, on 03/08/2022 at 9:30 AM, of the reach-in refrigerator, revealed the middle shelf had a butt end of ham in a plastic baggie, with no date noted, next to an open flat containing raw eggs. There were other prepared foods, on the shelf, such as jello cups made by the facility covered with plastic lids. On the top shelf, there was a gallon of honey mustard dressing, with an expiration date of 12/06/2021, and no opened date; and, a gallon of ranch dressing, three-quarters (3/4) empty, with no expiration dated noted, and no opened date. On the bottom shelf, there was a tray with juice cups prepared by the facility with plastic lids on them, undated, with spillage all in the tray. The DM stated the juice cups were to be thrown away, but she had not gotten to that yet. Also on the bottom shelf, there was a container of potato salad covered with foil, dated 03/05, located below and to the side of the open flat of eggs on the middle shelf. Observation revealed cooked sausage links and biscuits in a plastic bag, dated 03/07, stored directly below the open flat of raw eggs.
Observation, of Nourishment room [ROOM NUMBER], on 03/08/2022 at 4:40 PM, with the DM, revealed the freezer section, in refrigerator #1 on A Hall contained popsicles and frozen rice dinners, which had no name and were undated.
Observation, on 03/08/2022 at 4:50 PM, with the DM, of Nourishment room [ROOM NUMBER], located in the front of the building, revealed a small refrigerator which contained a chicken sandwich on a bun in a plastic bag, not dated, no name.
Interview with the DM, on 03/08/2022 at 4:45 PM, revealed staff members often used this nourishment refrigerator to store their personal food items.
Observation, on 03/10/2022 at 12:30 PM, of Resident #49's room, after the SSA (State Survey Agency) Surveyor received several complaints of uncooked steak fries from residents, revealed the resident sitting at the bedside with the lunch meal tray and a family member in the room. Further observation revealed the lunch meal consisted of fish, steak fries, hushpuppies, and coleslaw. The steak fries were white in color and appeared uncooked. Interview with the family member revealed most of the time the food was served warm, not hot. The family member also stated, I bring food as often as I can because (he/she) can't eat the food here most of the time.
Interview with the Consulting Registered Dietician, on 03/10/2022 at 1:10 PM, revealed he thought the reason for the uncooked appearance of the steak fries was because the facility had no deep fryer, and everything was baked. He also reported if food temperatures were good, the food was ok.
Observation, on 03/13/2022 at 1:17 PM, of the reach-in refrigerator in the kitchen, revealed a container of ranch dressing that was not dated when opened. In addition, the refrigerator contained a tray full of sandwiches, they were not dated or the dates had been rubbed off.
Observation, on 03/14/2022 at 4:15 PM, of the kitchen, revealed a dirty trash can with no lid sitting next to prepared food, cheese, bologna, and bread that was on the counter.
4. Record review revealed there was no documentation of competency evaluations sheets to show the Dietary employees had received in-services and education to safely prepare and serve food that included the proper process to take temperatures of food, how to calibrate the thermometer, or that they had received food handler cards that were required by the local health department. This requirement was verified on the web site https://courseforfoodsafety.com/states/KY. In addition, review of the web site
https://www.efoodhandlers.com/Food-Handlers, an on-line program approved to meet the requirement, revealed it contained training on: The Importance of Food Safety; Health and Hygiene; Temperature Control; Avoiding Cross Contamination; and Cleaning and Sanitizing.
Interview with the DM, on 03/14/2022 at 4:20 PM, revealed the older cooks educated the new cooks on how to prepare meals. She stated there were no training logs available and no formal dietary training for dietary staff.
Interview with DA #3, on 03/17/2022 at 8:43 AM, revealed she had worked at the facility since September 2021, but was not working on Sunday, 03/13/2022. She stated training was from co-workers; she had never had a skills check off; and, there was a lot she did not know until the CCDM came last week. She stated, for example, she never got training on renal diets, and the staff was giving dialysis residents foods that they should not have received. She stated the issues with under cooking or over cooking was not [NAME] #1's fault because he had not been trained. DA #3 stated the DM spent little time in the kitchen, took a lot of smoke breaks, and got distracted when she said she was going to see/talk to residents.
Continued interview with DA #2, on 03/16/2022 at 11:47 AM, revealed she had literally three (3) days of training, from the previous cook, who quit, showing her the basics of the job.
Interview with the DM, on 03/17/2022 at 10:22 AM, revealed she started at the facility on 11/07/2021. She stated the CCDM had provided her with the specific DM orientation for two (2) to three (3) days straight, then they had been at the facility other times to work on different things. She stated she did not use skill check off sheets when orienting new employees, and the skills sheets only verified general and basic kitchen skills, such as handwashing and scoop size.
Interview with the DM, on 03/18/2022 at 4:37 PM, revealed the Administrator was her direct supervisor. She stated she had dietary policies in the kitchen, as far as she knew. She stated she was educated that the policies were in the kitchen; and, if asked for a specific policy, she would go through the manual to find or call for help in locating it. Further interview revealed she was responsible to her staff to keep track of training, to access needed policies, to ensure dietary staff knew what they were doing, and if she did not know an answer, to seek it out. Per the interview, she stated the process for maintaining records, such as food handler's permits, was in her office. She stated she had been working on establishing this protocol.
Continued interview with the DM, on 03/18/2022 at 4:37 PM, revealed if she observed work outside of accepted dietary standards, she would provide intervention/education to remedy the practice. She stated she provided verbal education on the job, but had no documentation of it. The DM stated she had a current food handler's permit, but was not a Certified Dietary Manager. However, she stated she was enrolled online to get her certification, and the plan was to take one (1) lesson per week.
State Survey Agency (SSA) Surveyors requested to the DM and the Administrator to provide them with the food handler cards of all dietary staff for review. Both stated they were unaware if their local health department required food handler cards (they did) and would investigate and get back to the SSA Surveyors with an answer.
Review of the required food handler cards revealed [NAME] #3 had a current card, the DM's card was expired, and the remaining dietary staff did not have a card.
Interview with the Consulting RD, on 03/15/2022 at 11:42 AM, revealed his responsibilities included audits of test trays. He stated these documents were maintained at the corporate level and were done monthly or as needed. He stated the process for reviewing a test tray was that he would go to a unit and wait for a tray to be delivered, take the top off the plate for ten (10) minutes before checking and documenting the temperature. He stated food temperatures were taken at the point of service, when preparing to take a bite. Per the interview, he stated he began covering this facility in May 2021, and the facility had been through several DM's. He stated his responsibility for training was on clinical aspects.
Interview with the CCDM, on 03/16/2022 at 3:30 PM, revealed she was not aware of any problems with the steam table, but a new plate warmer had been ordered. She stated she expected that she would have been notified of problems at the facility, especially from a newer DM. Per the interview, she stated the local health department did require food handler permits, so the dietary staff was working to obtain the permits.
Interview with the Administrator, on 03/18/2022 at 5:30 PM, revealed she had contacted the CCDM for the DM's orientation because she had the qualifications and knowledge to do it. She stated she had also considered sending the DM to a sister facility for training with a DM onsite there.
Additional interview with the Administrator, on 03/19/2022 at 9:35 AM, revealed she had never seen any foods undercooked on residents' meal trays. She stated she had talked to the DM about timing of cooking and preparation, in order to have meals at the right time and the right temperature. She stated she was ultimately responsible to ensure policies were followed. She stated she was not aware that the local health department required food handler's permits for kitchen staff. Continued interview revealed she did not know the DM's food handler permit had expired, but she thought that the CCDM's training covered that information. She explained she was unsure of whether there were competencies documented on kitchen staff. Per the interview, she stated older employees trained newer employees as a preceptorship, and these preceptors should have documented the content of the training and that it had been done. She stated part of her oversight included ensuring new employees received proper training. She stated that dietary staff was responsible for checking and removing expired and unlabeled food items.
Interview with the Regional Director of Operations (RDO), on 03/20/2022 at 2:39 PM, revealed the CCDM had been working to train the new DM. In addition, the RDO stated he had not been aware of the areas of concern identified in the Dietary department.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS [TRUNCATED]
CRITICAL
(L)
Immediate Jeopardy (IJ) - the most serious Medicare violation
Administration
(Tag F0835)
Someone could have died · This affected most or all residents
⚠️ Facility-wide issue
Based on observation, interview, record review, review of the facility's Administrator's Job Description, and review of the facility's policies, it was determined the Administrator failed to administe...
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Based on observation, interview, record review, review of the facility's Administrator's Job Description, and review of the facility's policies, it was determined the Administrator failed to administer the facility in a manner that enabled effective use of its resources to attain and maintain the highest practicable physical, mental, and psychosocial well-being of each resident. The following deficiencies were identified:
1. The Administrator failed to ensure that food leaving the kitchen was stored, prepared, distributed and served in accordance with professional standards for food service safety;
and that dietary staff had the appropriate competencies and skills sets to carry out the functions of the food and nutrition service.
Observations, during the initial kitchen tour, on 03/08/2022 at 9:20 AM and 4:22 PM, and on 03/17/2022 at 4:41 PM, revealed uncooked meats, not stored on the bottom shelf, which had juice dripping on raw vegetables or butter packets. Resident and staff interviews revealed, on 03/13/2022 at the supper meal, undercooked chicken nuggets and waffle fries were served to the residents. This deficient practice had the potential to affect eighty-two (82) of eighty-four (84) current residents. Two (2) residents received only tube feedings.
2. The Administrator failed to ensure that Resident #6, one (1) of fifty-three (53) sampled residents, was not a victim of abuse and neglect, violating the resident's rights, and failed to ensure this abuse and neglect was reported immediately. Resident #6 revealed, on 02/24/2022, his/her personal belongings were deliberately taken from him/her, without his/her consent, because he/she refused a room transfer. Per the resident, these personal belonging were not returned until 02/28/2022, and the absence of them caused him/her great emotional distress. Interview with the Housekeeping Supervisor and other staff revealed, even though they believed this deliberate action, directed by the Administrator, was abuse, they failed to report it because they were afraid of being fired by the Administrator.
3. The Administrator failed to ensure written notice of a room change was provided to residents, including the reason for the change, before the resident's room or roommate was changed. Resident interviews and record reviews revealed eight (8) of fifty-three (53) sampled residents were transferred without notice or choice, Residents #3, #6, #40, #49, #50, #60, #72, and #82. Also, after these room transfers, the Administrator failed to ensure that medically related social services was provided to these eight (8) residents.
4. The Administrator failed to ensure the facility implemented the comprehensive person-centered care plans for Residents #6 and #50, consistent with the residents' rights, including psychosocial and/or physical needs. This deficient practice affected two (2) of fifty-three (53) sampled residents.
The facility's failure to be administered in a manner that enabled the effective use of its resources has caused or is likely to cause harm, impairment, or death to a resident. Immediate Jeopardy was identified on 03/20/2022 and was determined to exist on 02/07/2022, in the areas of 42 CFR 483.10 Resident Rights, F-557 Respect, Dignity, and Right to have Personal Property at a Scope and Severity (S/S) of a J and F-559 Choose/Be Notified of Room/Roommate Change at a S/S of a K and Substandard Quality of Care (SQC); 42 CFR 483.12 Freedom from Abuse, Neglect, and Exploitation, F-600 Free from Abuse and Neglect at a S/S of a J and SQC and F-609 Reporting of Alleged Violation at a S/S of a J and SQC; 42 CFR 483.21 Comprehensive Person-Centered Care Planning, F-656 Develop/Implement Comprehensive Care Plan at a S/S of a J; 42 CFR 483.40 Behavioral Health Services, F-745 Provision of Medically Related Social Service at a S/S of a K and SQC; 42 CFR 483.60 Food and Nutrition Services, F-812 Food Safety Requirements, at a Scope and Severity of an L; and 42 CFR 483.70 Administration, F835 Administration at a S/S of an L. The facility was notified of the Immediate Jeopardy (IJ) on 03/20/2022.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, alleging removal of the IJ on 03/26/2022. The State Survey Agency determined the IJ had been removed on 03/26/2022, as alleged, prior to exit on 03/31/2022.
Refer to F-557, F-559, F-600, F-609, F-656, F-745, and F-812.
The findings include:
Review of the facility's policy titled, Food Storage, not dated, revealed the facility was to store raw animal foods separated from each other and stored on lower shelves (below cooked foods or raw fruits and vegetables) in drip proof containers.
Review of the facility's policy titled, General Hazard Analysis Critical Control Point (HACCP) Guidelines for Food Safety, dated 2019, revealed to thaw meat, fish, and/or poultry in a refrigerator in a drip proof container and in a way that prevented cross contamination (the transfer of harmful substances or disease-causing microorganisms to food). The food should be stored on a lower shelf with nothing underneath or near it.
Review of the facility's policy titled, Resident Rights H5MAPL0768, undated, and the facility's document Residents' Rights for Residents in Kentucky Long-Term Care Facilities, undated, revealed the resident's right to retain and use personal possessions to the maximum extent that space and safety permitted, unless it would infringe upon the right of others. In addition, the facility's policy revealed residents had the right to refuse a transfer from a distinct part within the institution. Continued review revealed the facility would make every effort to assist each resident in exercising his/her rights to assure that the resident was always treated with respect, kindness, and dignity.
Review of the facility's policy titled, Transfers: Room to Room H5MAPL0792, dated 08/01/2013, revealed unless medically necessary or for the safety and well-being of the resident(s), a resident would be provided with an advance notice of the room transfer. Such notice would include the reason(s) why the move was recommended. This right to be notified was also in the facility's admission Agreement, under Patient Rights, undated. Per the policy, documentation of a room transfer would be recorded in the resident's medical record.
Review of the facility's policy titled, Reporting Abuse to Facility Management, dated 11/02/2017, revealed abuse was defined as the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm or pain or mental anguish, or deprivation by the individual, including a caretaker, of goods or services that were necessary to attain or maintain physical, mental, and psychosocial well-being. Neglect was defined as the failure of the facility, its employees or service providers to provide goods and services to a resident that were necessary to avoid physical harm, pain, mental or emotional anguish. Review of the policy also revealed it was the responsibility of employees to promptly report any incident or suspected incident of neglect or resident abuse to facility management.
Review of the facility's policy titled, Prevention - Reporting of Concerns, Incidents, and Grievances, dated 02/2004, revealed it was the facility's policy for personnel to immediately report, without the fear of retribution, any signs or suspected incidents of abuse to facility management.
Review of the facility's job description for the Administrator, undated, revealed the Administrator's functions included: Plan, develop, organize, implement, evaluate, and direct all aspects of the facility's operations. The Administrator had, as the principal concern, the delivery of quality care to all residents of the facility. The Administrator was to ensure that all residents were given the freedom of self-determination and individuality, and the respect for privacy, property, and civil rights. The Administrator was responsible for staffing, training and supervision. Continued review revealed the Administrator was to communicate with co-workers at all levels to adequately meet the needs of the residents.
1. Observation, of the walk-in refrigerator, on 03/08/2022 at 9:20 AM, during the initial kitchen tour, revealed on the middle shelf, three (3) five (5) pound rolls of ground beef, in packaging, thawing, with no drip pan underneath. Red liquid was dripping down onto a box of whole raw potatoes sitting on the bottom shelf. In addition, shredded lettuce was sitting beside the ground beef. Further observation revealed, above the ground beef, there was a bag of opened lettuce, one-half full, with an opened date of 02/24/2022 and an expiration date of 02/25/2022.
Observation, of the walk-in refrigerator, on 03/08/2022 at 4:22 PM, with the DM and the Corporate Certified Dietary Manager (CCDM) revealed the ground beef rolls were still thawing on the middle shelf, dripping onto the raw potatoes.
Observation, on 03/17/2022 at 4:41 PM, with the DM and the CCDM, of the kitchen walk-in refrigerator, revealed a whole, plastic wrapped pre-cooked ham, not in a drip proof pan, on the middle shelf, above a shelf containing individual butters. Observation revealed liquid was noted to drip from the packaging when the DM moved the ham to the bottom rack. The CCDM stated it was unacceptable to have any meat product on the middle shelf and not in a drip proof pan.
Interviews with [NAME] #2 and [NAME] #1, on 03/12/2022 and 03/14/2022 at 1:25 PM and 4:55 PM, respectfully, revealed they did not have formalized kitchen education, and there were no competency check offs or training logs. Both stated the older cooks trained the newer cooks. Both were unaware if their local health department required food handler cards.
The DM stated that [NAME] #3 was the only Dietary employee with a current food handler card, that her card was expired, and none of the remaining dietary staff had a food handler card.
2. Interview with the Housekeeping Supervisor, on 03/11/2022 at 1:45 PM, revealed she talked with Resident #6 when informed the resident did not want to be transferred to another room. The Housekeeping Supervisor stated she informed the Administrator of Resident #6's refusal to be transferred. The Housekeeping Supervisor stated the Administrator stated to go ahead and move Resident #6's belongings to the new room and the resident could go and get his/her items if he/she wanted them. She stated she felt it was abusive of the Administrator to take Resident #6's personal belongings and not return them to the resident. The Housekeeping Supervisor stated she would have been fired if she reported the abuse.
Interview with State Registered Nursing Assistant (SRNA) #18, on 03/15/2022 at 2:25 PM, revealed she was unable to provide any care to Resident #6 nor was she able to help the resident to change clothes since the resident's personal belongings were taken from the resident's room. SRNA #18 stated she felt this was abuse, but she was afraid to report the abuse. SRNA #18 stated other staff had been fired for reporting things.
Interview with SRNA #14, on 03/17/2022 at 4:00 PM, revealed she felt it was abusive of the Administrator to remove Resident #6's personal belongings. SRNA #14 stated Resident #6 told her it was abuse to take his/her belongings and not return them. SRNA #14 stated she was afraid to report the abuse due to being fired.
Interview with SRNA #7, on 03/15/2022 at 9:00 AM, revealed she felt this situation was abuse. She stated Resident #6 was very upset and cried repeatedly. But SRNA #7 stated she was afraid she would have been fired if she had reported the abuse.
Interview with Licensed Practical Nurse #2, on 03/17/2022 at 5:38 PM, revealed that the day of the decision to transfer Resident #6 to another room, the Administrator stated, in her presence and at least one (1) other staff member, the reason for the move was that a resident was being admitted who was a private pay/cash pay, and she wanted to place him/her in a nicer room. Further interview revealed that the Administrator had stated that Resident #6 did not pay his/her bill, so he/she did not deserve the nicer room. Per the interview, LPN #2 stated the Administrator had told staff members that if Resident #6 wanted his/her belongings, he/she would have to walk to the other room to get them.
Interview with LPN #3, on 03/17/2022 at 6:15 PM, revealed she stated she felt this was abuse. LPN #3 stated staff were afraid to report anything due to the risk of being fired.
Interview with SRNA #11 and SRNA #16, on 03/18/2022 at 7:47 AM and 10:49 AM respectively, revealed they felt taking a resident's belongings and not returning them would be considered abuse. However, the SRNAs did not report this allegation of abuse for fear of being fired.
Interview with the Administrator, on 03/13/2022 at 11:05 AM, revealed she was informed Resident #6 was refusing the room transfer and she was going to talk to Resident #6 on 02/24/2022 but she forgot
3. Interview with Resident #6, on 03/10/2022 at 10:30 AM, revealed he/she did not receive any written notice prior to the facility's attempt to transfer him/her to another room. Resident #6 stated he had been very upset about the possible transfer and removal of his/her personal belongings from 02/24/2022 until 02/28/2022.
Interview with Resident #49's Power of Attorney (POA)/Next of Kin (NOK), on 03/10/2022 at 10:47 AM, revealed the resident had Alzheimer's Disease, and the room transfers confused the resident and increased the resident's agitation. The POA/NOK stated he/she had never received a written notice nor the reason for the room transfers for Resident #49.
Interview with Resident #3, on 03/11/2022 at 1:10 PM, revealed he/she was moved from his/her room five (5) times in a period of five (5) months. Resident #3 stated he/she was notified right before the moves occurred, and he/she was pissed off because the resident should get to one place and stay.
Interview with Resident #40's Spouse, on 03/10/2022 at 11:25 AM, revealed he/she had never received a written notice for room transfers. The spouse stated Resident #40 had Alzheimer's Disease, and he/she felt the moves were harmful for the resident.
Interview with Resident #50, on 03/12/2022 at 11:50 AM, revealed he/ Resident #50 stated he/she did not want to move out of the current room since he/she had shared the room with his/her spouse who died in the room.
Continued review of Resident #50's medical record, in the Social Service notes, revealed no documentation of the SSD's assessment of the resident's psychosocial needs related to the room transfer.
Interview with Resident #60, on 03/12/2022 at 11:30 AM, revealed he/she never received any written transfer notices and was not happy about all the moves. Resident #60 was moved to a smaller room which made it hard for the resident to perform most of his/her personal hygiene independently. It also affected the resident's independent with mobility.
Continued review of Resident #60's medical record, in the Social Service note, revealed no Social Service documentation related to the transfers, and no documented evidence the SSD addressed Resident #60's needs.
Interview with Resident #72's POA/NOK, on 03/12/2022 at 10:10 AM, revealed he/she had never received any type of notice of the resident's eight (8) transfers. The POA/NOK stated the resident had macular degeneration which caused sight limitations and would have to be re-oriented to the new rooms after transfers.
Interview with Resident #82's POA/NOK, on 03/16/2022 at 3:45 PM, revealed the facility called him/her to inform of the transfer to another room, on 10/14/2021, to be able to provide more monitoring of the resident since the room was across from the nurse's station.
Interview with the Administrator, on 03/15/2022 at 1:45 PM, revealed it was the responsibility of the Social Service Director to inform the residents and/or their POA/NOK (Power of Attorney/Next of Kin) when a transfer was warranted. The Administrator stated the Social Services Director (SSD) was responsible for documentation in the medical record when the notification of a transfer was given. It was the responsibility of the Social Service Director to follow up with the resident(s) after a transfer and document their emotional well-being after the transfer.
However, review of Residents #6, #49, #3 #40,#50, #60, #72's and #82's records revealed no documentation of an evaluation of the residents' psychosocial needs related to the residents' room transfers.
Interview with the former Social Services Director, on 03/13/2022 at 4:00 PM, revealed she did rounded on the residents after the transfers, but was directed by the Administrator not to put any documentation in the residents' medical records. She stated she told the Administrator the residents were unhappy and upset with the transfers, but the Administrator took no action regarding these concerns.
4. Review of Resident #50's Care Plan, revealed it included a psychosocial element for Anxiety and Depression. However, the resident's care plan was not updated, on 02/07/2022, to reflect an increase in his/her anxiety and depression related to moving to a different room.
Review of Resident #6's Care Plan, dated 11/23/2021, revealed it included elements addressing Activities of Daily Living (ADL), including personal hygiene tasks, which could not be carried out due to his/her tools/supplies being removed and taken to another room across the facility from where he/she was located, on 02/24/2022. Resident #6's care plan included a psychosocial element that addressed his/her anxiety. However, the care plan was not updated to reflect the residents psychosocial needs related to increased anxiety with having his her belonging taken from him/her for an extended period of time, from 02/24/2022 to 02/28/2022.
Interview with the Director of Nursing (DON), on 03/19/2022 at 11:59 AM, revealed she was notified of the incident with Resident #6 on Friday morning, the day after the personal belongings were moved. She stated removing Resident #6's belongings resulted in the resident not being able to perform routine ADL's, which were on his/her care plan.
Interview with the Administrator, on 03/19/2022 at 9:35 AM, revealed she She did not recall why some residents were being moved. She stated she had never seen any foods undercooked, and she had talked to the DM about timing of cooking and food preparation, so that food would be served at the right temperature.
Continued interview with the Administrator, on 03/19/2022 at 9:35 AM, revealed she was not aware the local health department required food handler permits for kitchen staff, prior to the survey, and she did not know the DM's food handler permit was expired. She stated part of her oversight included ensuring that new employees received proper training. She stated she could not think of a reason why staff would fear retaliation from her. She stated she did not know why staff would not have called her or made the decision to return Residents #6's items sooner. The Administrator reported she had signed inservice sheets where staff was instructed on reporting abuse. She explained she had told staff to hold off on returning Residents #6's belongings until she could talk to him/her, and then forgot, which was a mistake. However, she stated she did see how it could be considered abuse or neglect. The Administrator stated she was ultimately responsible to ensure policies were followed.
The facility provided an acceptable Immediate Jeopardy Removal Plan, on 03/27/2022, that alleged removal of the Immediate Jeopardy (IJ) on 03/26/2022. The facility implemented the following:
1. Resident #6's personal belongings were returned to his/her room on 02/28/2022 by the Environmental Services Director at the direction of the Administrator. Licensed Mental Health Counselor, a master's prepared Social Services Director at a sister facility, performed a Patient Health Assessment-9 (PHQ-9) on Resident #6, on 03/21/2022. This assessment was to determine if Resident #6 had experienced any change in status because of the room move; to ensure staff were treating the resident with respect and dignity; and, see if the resident had any social service needs. No concerns were noted.
Resident #49 and his/her Power of Attorney (POA)/Next of Kin (NOK), Resident #50 and his/her POA/NOK, Resident #40 and his/her POA/NOK, Resident #3 and his/her POA/NOK, Resident #72 and his/her POA/NOK, Resident #60 and his/her POA/NOK, and Resident #82 and his/her POA/NOK were contacted by the Licensed Mental Health Counselor, on 03/21/2022, to ensure they were satisfied with their current room. The counselor also checked to ensure if the residents had all their belongings, and to determine if the residents had any social services needs. Interview with the residents and the mental health counselor, on 03/21/2022, revealed no psychosocial changes.
2. The Administrator was no longer employed, at the facility, effective 03/20/2022. The Regional Director of Operations (RDON) will continue to ensure the facility is administered effectively and efficiently to attain and maintain the highest practicable physical, mental, psychosocial well-being of the residents as part of the facility's governing body. Along with the Regional Clinical Operations Consultant, the RDON will efficiently oversee and ensure the appropriate plans of action are in place to correct quality deficiencies.
3. The Minimum Data Set (MDS) Support Nurse conducted PHQ-9 assessments and interviews to determine satisfaction of all residents and responsible parties, who had experienced a room transfer since 01/01/2022 to determine if the residents' belongings were moved with the resident to their new room on 03/21/2022 and 03/22/2022. No areas of concern were identified. Interviews conducted with residents with a Brief Interview for Mental Status (BIMS) score of eight (8) or higher were conducted by a Licensed Social Worker from a sister facility, on 03/25/2022, to determine if all residents felt safe; if they were treated with respect and dignity; or, if they had any social service needs. No concerns were identified.
4. The Regional Clinical Operations Consultant and/or the Regional Director of Operations completed reeducation with the Director of Nursing (DON), on 03/23/2022, regarding dignity and respect, per the facility's policy. The reeducation included moving all the residents' belongings when a resident was moved to another location in the center. Further reeducation regarding the resident's right to receive written notice, including the reason for the room change before the resident's room or roommate was changed. Education included the resident's right to refuse a room change as well. The DON reeducated the Assistant Directors of Nursing (ADON), on 03/23/2022, on Resident Rights which included moving all the resident's belongings when a resident was moved to another location in the center, and that a resident was to be given a written notice prior to a room transfer. A post-test was given to validate understanding.
On 03/23/2022, the DON and the ADONs, reeducated the housekeeping staff and nursing staff (licensed and unlicensed) on dignity and respect per the facility's policy to include moving personal belongings with the resident and the resident's right to refuse a room change. The DON and ADONs conducted reeducation on all staff (licensed and unlicensed) regarding the abuse policy and the reporting requirements of suspected abuse on 03/22/2022 and 03/23/2022. The reeducation included the resident had the right to be free from abuse, neglect, exploitation, misappropriation of resident's property, free from corporal punishment, involuntary seclusion, and any physical or chemical restraint not required to treat the resident's medical symptoms. Additionally, the reeducation included the reporting requirements of suspected abuse and at no time were goods and services to be withheld from a resident to include personal belongings. Additional reeducation regarding the expectation of a resident's care plan to be followed, including hygiene and oral care. A post-test was given at the time of the reeducation to validate understanding. All staff (licensed and unlicensed) were reeducated on the compliance hotline, as additional option to report suspected abuse, neglect, etc. The hotline is available 24/7/365 days a year and can be used anonymously; the hotline number was posted throughout the facility on 03/24/2022. Staff were also made aware of the RDO's phone number; the RDO's phone number was posted on 03/24/2022 in multiple locations throughout the building. The education was provided by the DON, ADONs, Staffing Coordinator, and the MDS Support Nurse.
5. All staff not available during the time of the reeducation, including agency staff, will receive education by the DON or ADONs to include a post-test upon the day of return to work prior to working the shift. New hires will receive the education during orientation. Any newly hired Administrator, Social Services Director, and/or admission Director will be provided education and a post-test during orientation.
6. The facility developed a Room Change Form. Any potential room change will be discussed with the Intra-Disciplinary Team (IDT) which included the DON, ADONs, Administrator, Social Services Director, and the admission Director. If the IDT approves, the admission Director will proceed and ensure that all belongings are moved. The IDT will review the Room Change Form at the next meeting to ensure all room moves were handled per facility policy. If a room change was emergent and after hours, the nurse will contact the Administrator, DON, or Admissions Director for approval. If approved, the Room Change Form will be completed and reviewed by the IDT at its next meeting.
7. The DON, ADON's, Staffing Coordinator, Central Supply Coordinator, and/or licensed nurse conducted audits of all room moves to determine if the resident's belongings were sent with each room change for thirty (30) days. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse conducted visual observation rounds to determine if good/services were provided, and that the residents had no concerns related to abuse daily until removal of the immediate jeopardy; these audits will be presented to the QAPI meeting daily. The DON, ADONs, staffing coordinator, central supply coordinator, and/or licensed nurse will question/interview five (5) employees on random shifts daily to determine understanding and reporting abuse. All residents will be assessed for seventy-two (72) hours post room change for adjustment and satisfaction related to room transfers by either the Social Services Director (Social Worker from a sister facility) or Licensed Nurse. The care plan will be updated with room changes to provide care related to the room change.
8. A new Dietary Director was hired on 03/21/2022. The facility contracted with a dietary consulting company, on 03/14/2022 to provide on-site food services consulting for up to six (6) weeks. The consulting company will be utilized to assist in the training of the new dietary manager to include storage, prepare, distribute, and serve food in accordance with professional standards for food service safety. The Regional Director of Operations (RDO) has had dietary managers from other buildings come to the facility to provide support and training for staff daily. The facility-initiated food handling course through efoodhandlers, approved by the local County Health Department, beginning on 03/16/2022 and completion by 03/24/2022. Any new hire will receive the education during general orientation.
9. Food temperature logs, observation of staff taking the temperature of food with each meal and food storage will be audited daily by the Dietary Manager (from sister facility). The results of these daily audits will be given to the Administrator and presented to the QAPI (Quality Assurance and Performance Improvement) Committee daily.
10. The Regional Director of Operations (RDO), Social Services Director (SSD), the DON, and/or the ADONs will report the review findings of the above audits daily to the Quality Assurance and Performance Improvement Committee which consists of the Administrator, DON, ADON, Admissions Coordinator, the Medical Director, and the Staffing Coordinator.
11. The Regional Director of Operations and Regional Clinical Operations Consultant discussed the potential plans of correction, on 03/22/2022, with the Medical Director to develop an IJ Removal Plan. The QAPI Committee met on 03/24/2022 and 03/25/2022 to review all education, interventions, and audits. The QAPI Committee will meet daily until the Immediate Jeopardy has been removed.
The State Survey Agency validated the implementation of the facility's Immediate Jeopardy (IJ) Removal Plan as follows:
1. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed she was the previous Environmental Services Director and she had Resident #6's personal belongings returned to the resident on 02/28/2022. Review of Resident #6's medical record, on 03/31/2022, revealed the Patient Health Assessment-9 (PHQ-9) was completed as well as documentation by the Licensed Mental Health Counselor. Review of Resident #49, Resident #50, Resident #40, Resident #3, Resident #72, Resident #60, and Resident #82's medical record revealed documented interviews with either the resident or their next of kin by the Licensed Mental Health Counselor. Interview with Resident #6, on 03/31/2022 at 9:30 AM, revealed he/she had spoken to the Licensed Mental Health Counselor regarding his/her belongings being moved out of the room. No concerns were noted.
2. Interview with the Regional Director of Operations (RDO) and the Interim Administrator, on 03/30/2022 at 2:53 PM, revealed the previous Administrator was terminated on 03/20/2022. The RDO/Interim Administrator provided documentation of his referral to the Kentucky Board of Licensure for Long Term Care Administrators related to the previous Administrator's actions.
Interview with State Registered Nursing Assistant (SRNA) #8, on 03/30/2022 at 3:50 PM, revealed things were going smoother since the Administrator left, and stated the general feeling of staff was less tense. Interview with LPN #5, on 03/30/2022 at 4:07 PM, revealed the general feeling with staff and residents was better recently. Interview with the Maintenance Technician, on 03/30/2022 at 4:13 PM, revealed things were 100% better since the Administrator left; in the last two weeks, communication was way better for maintenance now; staff seemed much happier and were willing to be at work since the Administrator was gone. Interview with a Laundry Aide, on 03/30/2022 at 4:32 PM, revealed residents and staff seemed in better spirits, staff having a better day helps residents have a better day also. Interview with LPN #7, on 03/30/2022 at 4:45 PM, revealed residents seemed less tense lately and staff were less tense last week with the Administrator change.
Interview with SRNA #9, on 03/30/2022 at 4:50 PM, revealed the atmosphere of the staff was like a weight had been lifted; residents seemed stressed and tense before and this has improved, and there were more residents participating in activities. Interview with Dietary Aide (DA) #3, on 03/31/2022 at 9:48 AM, revealed the atmosphere was so much better and staff were less on edge. Interview with the Activities Director, on 03/31/2022 at 3:14 PM, revealed the mood among the staff and residents was much better, like a burden had been lifted from their shoulders. She stated more residents had been coming to activities recently.
3. Review of clinical records, with dates beginning on 03/30/2022, revealed PHQ-9 assessments and documentation of [TRUNCATED]
CONCERN
(E)
Potential for Harm - no one hurt, but risky conditions existed
Menu Adequacy
(Tag F0803)
Could have caused harm · This affected multiple residents
Based on observations, interviews, and record review, it was determined the facility failed to ensure menus were posted and/or followed as posted. Review of the menus posted for 03/14/2022, lunch and ...
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Based on observations, interviews, and record review, it was determined the facility failed to ensure menus were posted and/or followed as posted. Review of the menus posted for 03/14/2022, lunch and dinner, and 03/17/2022, dinner only, did not match the foods observed to be served to the residents. This deficiency affected eighty-two (82) of eighty-four (84) current residents; two (2) residents were receiving tube feedings and did not receive meal trays.
The findings include:
The facility did not provide a policy for following menus.
Review of the Resident Council meeting minutes, dated 01/14/2022, revealed the Administrator's signature was not dated. Further review revealed residents voiced concerns related to mealtimes and menus not being posted. The resolution listed was to start posting mealtimes and menus. The minutes also stated the current menu would be changing from the Fall/Winter menu to the Spring/Summer Menu very soon.
1. Review of the lunch meal menu posted, for 03/14/2022, revealed the foods to be served included: pot roast, mashed potatoes, mixed vegetables, choice of roll, and red gel cake. Further review revealed there were no alternative foods listed.
Observation, on 03/14/2022 at 4:15 PM, revealed a pot of Ravioli (type of pasta) sitting on the three (3) bay sink in the kitchen. Interview with the DM (Dietary Manager) revealed cheese ravioli with sauce, broccoli, garlic toast, and grapes were the foods served for lunch, and the pot of ravioli sitting on the sink was to be thrown out.
Review of the dinner menu posted, for 03/14/2022, revealed the foods to be served were cheese ravioli with sauce, broccoli, garlic toast, and grapes.
Observation, on 03/14/2022 at 4:20 PM, of the dinner meal being prepared in the kitchen, revealed the foods being prepared included: chili with beans, grilled cheese sandwiches, tossed salad, and ice cream.
Interview with the Dietary Manager (DM), on 03/14/2022 at 4:20 PM, revealed the menu changes on 03/14/2022 were due to the roast beef not having time to thaw to prepare for lunch. She stated the residents had cheese ravioli for lunch that was originally scheduled for dinner, which necessitated also changing the dinner menu.
Interview with the Corporate Certified Dietary Manager (CCDM), on 03/14/2022 at 4:40 PM, revealed she was informed of the menu change due to the beef not being thawed timely. She stated she was working on a plan to correct this from happening.
2. Review of the Fall/Winter 2021-2022 dinner menu, on 03/17/2022 at 4:30 PM, revealed ham/potato augratin, tossed salad, roll, and fruit crisp were to be served to the residents for dinner. However, observation of the tray line, on 03/17/2022 at 4:30 PM, revealed the residents' dinner being prepared was pinto beans, mashed potatoes, greens, cornbread, and succotash, which was the only alternative food offered.
Interview with the DM, on 03/17/2022 at 4:30 PM, revealed the menu change today was due to having to re-vamp the menu earlier in the week, on 03/14/2022.
Interview and observation of the kitchen, on 03/17/2022 at 4:30 PM, revealed [NAME] #1 preparing deep fried cubed potatoes in a large pot of oil on the gas stove. At 4:40 PM, during the observation, the DM told the State Survey Agency (SSA) Surveyors that the fried potatoes were not going to be done in time for dinner. The posted menu was changed from fried potatoes to mashed potatoes at this point.
Interview with the Administrator, on 03/18/2022 at 5:30 PM, revealed she only recently received the Resident Council minutes for the past few months because the previous Activities Director had not provided them as required. She stated she reviewed the minutes from the January 2022 meeting last week and signed off on them. She also stated one of her responsibilities was to be a patient (resident) advocate and to address concerns presented to her by the Resident Council.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0802
(Tag F0802)
Could have caused harm · This affected most or all residents
**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, and the website it was determined the facility failed to ensure there was suf...
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**NOTE- TERMS IN BRACKETS HAVE BEEN EDITED TO PROTECT CONFIDENTIALITY** Based on observation, interview and record review, and the website it was determined the facility failed to ensure there was sufficient dietary staff with necessary skill sets to safely and adequately prepare and serve meals three (3) times a day. This lack of sufficient dietary staff had the potential to affect eighty-two (82) of eighty-four (84) current residents. Two (2) residents received tube feedings.
The findings include:
Interview and observations of [NAME] #1 taking food temperatures, on 03/17/2022 at 5:11 PM, during the supper meal service, revealed he was resting the thermometer on the bottom of the steam table pan. [NAME] #1 stated he did not know how to take food temperatures nor, did he know how to calibrate a thermometer.
Observations of various meal preparation/service times, primarily evening shift, during 03/08/2022 through 03/20/2022, revealed staffing was a cook and a dietary aide (DA) to cook, plate, and deliver meal carts for eighty-two (82) residents.
Review of the Dietary Work Schedules, dated 02/25/2022 through 03/20/2022, revealed there was not a time when the dietary shifts had one (1) cook and two (2) DA's.
Interview with DA #2, via telephone, on 03/16/2022 at 11:47 AM, revealed she no longer worked at the facility. She stated on 03/13/2022, she and [NAME] #1 were alone on evening shift to prepare chicken nuggets, waffle fries, and [NAME] slaw. DA #2 stated she had literally three (3) days of training, from the previous cook, who quit, showing her the basics of the job.
Interview with the DM, on 03/18/2022 at 4:37 PM, revealed if there was a cook and two (2) DA's for each shift, meal preparation and service ran well.
Interview with the Administrator, on 03/18/2022 at 5:30 PM, revealed the DM brought staffing concerns to her, and she had worked on that concern. She stated regardless of the building size, the dietary department would need to be staffed with at least a cook and two (2) DA's for any meal service.
Interview with the DM, on 03/17/2022 at 10:22 AM, revealed she started at the facility on 11/07/2021. She stated the CCDM had provided her with the specific DM orientation for two (2) to three (3) days straight, then they had been at the facility other times to work on different things. The DM referred to a notebook in front of her, but stated she did not know the details of what it contained. She stated she did not use skill check off sheets when orienting new employees, and these skills sheets only verified general and basic kitchen skills, such as handwashing and scoop size.
Interview with the CCDM, on 03/08/2022 at 4:22 PM, revealed she had completed and documented two (2) to three (3) days of education with the DM.
Record review revealed there was no documentation, such as competency sheets to show the dietary employees had received in-services and education to safely prepare and serve food that included the proper process to take temperatures of food; how to calibrate the thermometer; or, that they had obtained food handler cards that were required by the local health department. This requirement was verified on the web site https://courseforfoodsafety.com/states/KY. In addition, review of the web site
https://www.efoodhandlers.com/Food-Handlers, an on-line program approved to meet the requirement, revealed it contained training on: The Importance of Food Safety; Health and Hygiene; Temperature Control; Avoiding Cross Contamination; and Cleaning and Sanitizing.
State Survey Agency (SSA) Surveyors requested the DM and the Administrator to provide the food handler cards of all dietary staff for review. They stated they were unaware if their local health department required food handler cards and would investigate and get back to the SSA Surveyors with an answer.
Review of the required food handler cards revealed [NAME] #3 had a current card, the DM's card was expired, and the remaining dietary staff did not have a card.
Interviews with [NAME] #2, on 03/12/2022 at 1:25 PM and [NAME] #1, on 03/14/2022 at 4:55 PM, revealed they did not have formalized kitchen education, and there were no competency check offs or training logs. Both stated the older cooks trained the newer cooks. Continued interview revealed they were unaware if their local health department required a food handler card or, what a food handler card was. They both stated that needing a card had never been mentioned to them.
Additional interview with the DM, on 03/14/2022 at 4:20 PM, revealed the older cooks trained the newer cooks. The DM stated there were no available formal training or education logs.
Additional interview with the DM, on 03/18/2022 at 4:37 PM, revealed she had identified short staffing to be a concern and had brought that to the attention of the Administrator. She stated ads had been placed. Also, she stated there was no documentation that dietary staff had been screened regarding existing dietary knowledge or current education to work in the kitchen and handle food.
Interview with the CCDM, on 03/16/2022 at 3:30 PM, revealed short staffing was a concern. She stated ads had been placed for dietary staff. The CCDM stated there were no formalized training records available, and older staff trained newer staff while on the job.
Interview with the Administrator, on 03/18/2022 at 5:30 PM, revealed her responsibility, as the Administrator, included ensuring new staff had education provided to them to be able to correctly perform the job duties for their department. In the case of the new DM, a CCDM was brought in for a few days to assist with the DM's orientation and training. Then, she stated the DM should educate the dietary staff, and she trusted the DM and CCDM to do their jobs. When the Administrator was interviewed as to why she had not ensured this had happened, she was unable to give a specific answer. The Administrator also stated she was aware that ultimately she was responsible to ensure staff followed all policies and procedures and to oversee the day to day happenings in the facility.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0804
(Tag F0804)
Could have caused harm · This affected most or all residents
Based on observation, interview, review of the Dietary Manager's (DM) job description, and review of the facility's policy, it was determined the facility failed to distribute food that was palatable....
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Based on observation, interview, review of the Dietary Manager's (DM) job description, and review of the facility's policy, it was determined the facility failed to distribute food that was palatable.
Interviews with residents and staff revealed meals served on 03/09/2022 and 03/10/2022, were not palatable. On 03/09/2022, residents received overcooked and tough breaded pork tenderloin. On 03/10/2022, residents received steak fries that were white in color and did not appear to have been cooked.
Interviews from numerous residents/family members and staff revealed, on 03/13/2022, at the dinner meal, residents were served cold, undercooked chicken nuggets and waffle fries, with the appearance of not being cooked.
Eighty-two (82) of the eighty-four (84) current residents had the potential to be affected by the meals. Two (2) residents received tube feedings.
The findings include:
Review of the facility's policy titled, Food Production and Food Safety 3-39, dated 02/2019, found in the Dietary Policy and Procedure Manual, Chapter 3, revealed the cook was responsible to taste all food before the meal service with the DM in attendance. Additionally, the policy stated all food that did not pass the taste test due to seasoning, toughness, color, or other negative factors would not be served until or unless the problem was corrected.
Further review revealed it was the DM's responsibility to ensure that food served was attractive and palatable.
1. Observations, on 03/09/2022 at 12:00 PM, revealed several residents on the 300 Hall complained of overcooked pork tenderloin served on their lunch trays. The State Survey Agency (SSA) Surveyor observed several residents' lunch trays which contained what appeared to be breaded pork tenderloin that was dark brown in color.
Further observation, on 03/09/2022 at 1:40 PM, with two (2) SSA Surveyors, the DM, and the Corporate Certified Dietary Manager (CCDM), revealed the DM and the CCDM were both unable to cut the pork tenderloin that was served for the lunch meal. The CCDM stated, We have lots of education to do with staff.
Observation, on 03/10/2022 at 12:30 PM, of Resident #49's room, after the SSA Surveyor received several complaints of uncooked steak fries from residents, revealed the resident sitting at the bedside with the lunch meal tray and a family member in the room. Further observation revealed the lunch meal contained steak fries which were white in color as if they had been put on the steam table to thaw and were uncooked.
Interview with the CCDM, on 03/10/2022 at 1:10 PM, revealed she thought the reason for the uncooked appearance of the steak fries was because the facility had no deep fryer, and everything was baked. However, observation on 03/10/2022 at 12:30 PM, revealed there was no color on the bottoms or around the edges of the steak fries that one would expect to see from items baked in the oven. The CCDM stated if food temperatures were good, the food was ok to serve, no matter what the appearance.
2. Interview with Resident #5, on 03/15/2022 at 4:08 PM, revealed the food was hardly ever served warm, often cold; the fried potatoes were white, not browned, barely warm and looked unappetizing. Continued interview revealed the supper meal on Sunday (03/13/2022) was served about 7:00 PM, the waffle fries were cold, and he/she only had three (3) nuggets. Review of the chicken nugget packaging revealed six (6) nuggets was a serving.
Interview with Resident #62, on 03/15/2022 at 4:25 PM, revealed supper on 03/13/2022 was cold and frozen. Resident #5 stated the waffle fries were frozen and the chicken nuggets were pink and cold in the middle.
Interview with Resident #49's Power-of-Attorney (POA), on 03/15/2022 at 9:30 AM, revealed she was at the facility for supper on 03/13/2022. She stated Resident #49 received undercooked chicken nuggets and waffle fries that were cold and had the appearance of not being cooked because there was no color noted on them at all.
Interview with State Registered Nurse Aide (SRNA) #24, on 03/15/2022 at 3:38 PM, revealed she was working on 03/13/2022, and the dinner trays were late from the kitchen. She stated the chicken nuggets that were served looked doughy on the outside, and the steak fries looked frozen. She stated the residents complained about the food.
Interview with [NAME] #1, on 03/16/2022 at 11:33 AM, revealed he checked the temperature of the nuggets to be 180 to 185 degrees Fahrenheit before they left the kitchen. After the first two (2) meal carts went out, he stated Dietary Aide (DA) #2 came back and said the chicken nuggets were raw. [NAME] #1 stated he was instructed by the Dietary Manager (DM), when he called her, to throw away the nuggets on the trays and re-bake the nuggets that were left in the kitchen.
Telephone interview with [NAME] #1, on 03/18/2022 at 1:39 PM, revealed he put the nuggets from the meal carts that had not been sent out of the kitchen and the nuggets from the steam table back in the oven for about (30) more minutes. [NAME] #1 stated when he checked the temperature of the nuggets again, he checked the centers of several nuggets. He stated he had not received training on how to calibrate a food thermometer. [NAME] #1 stated he was trained on the job by [NAME] #2 for about two (2) days. He stated the DM came to the facility after he called her and prepared two (2) or three (3) Philly cheesesteak sandwiches for some of the residents.
Interview with the DM, on 03/18/2022 at 4:37 PM, revealed she thought the chicken nuggets could be baked and that the instructions directed the internal temperature of the nuggets must reach 165 degrees Fahrenheit. Also, she stated there were no baking instructions on the package. The DM stated she knew the potential outcome of eating undercooked poultry was illness from food poisoning.
Interview with the Administrator on 03/18/2022, at 5:30 PM, revealed she had been notified about the chicken nugget concerns, but she was unaware of the waffle fries concerns.
Additional interview with the Administrator, on 03/19/2022 at 9:35 AM, revealed she had researched the chicken nuggets product labeling, and the Food and Drug Administration (FDA) required accurate labeling. She stated, based on the labeling on the package of nuggets that stated, partially cooked product would allow finishing touches to be added in a timely manner, it was her interpretation that the product was pre-cooked and baking was an acceptable cooking method. She further stated the facility's food distributor had expressed to her that baking the chicken nuggets was an acceptable cooking method.
However, review of the product packaging revealed the chicken nuggets were to be deep-fried at 350 degrees Fahrenheit for three (3) to four (4) minutes to ensure an internal temperature of 165 degrees Fahrenheit was obtained by a calibrated thermometer.
Interview with the Customer Relations Administrator of Food Quality and Safety for the chicken nugget production company, via telephone, on 03/28/2021 at 2:47 PM, revealed the item (chicken nuggets) was frozen, un-cooked, and needed to be cooked per packaging instructions for safe consuming.
Interview with the Administrator, on 03/18/2022 at 5:30 PM, revealed she was aware that ultimately she was responsible to ensure staff followed all policies and procedures and to oversee the day-to-day operation of the facility.
CONCERN
(F)
Potential for Harm - no one hurt, but risky conditions existed
Deficiency F0809
(Tag F0809)
Could have caused harm · This affected most or all residents
Based on observation, interview, and review of the facility's policy, it was determined the facility failed to routinely offer snacks for all residents, excluding those that received tube feedings and...
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Based on observation, interview, and review of the facility's policy, it was determined the facility failed to routinely offer snacks for all residents, excluding those that received tube feedings and received no snacks. In addition, meal service was delayed on 03/08/2022, 03/11/2022, and 03/13/2022. These deficient practices affected eighty-two (82) of eighty-four (84) current residents.
The findings include:
Review of the facility's policy titled, Process for Snacks in the Hydration Rooms, undated, revealed the Dietary Manager (DM) or designee checked the hydration rooms twice daily, Monday through Friday. This included checks for the number of snacks available, the dates on snacks and disposing of any that were out of date, and to restock, as needed. Also, the policy stated that on the Friday evening checks, the hydration rooms were stocked to provide snacks throughout the weekend. In addition, the policy stated the meal schedule was breakfast at 7:00 AM, lunch at 12:00 PM, and supper at 5:00 PM.
State Survey Agency (SSA) Surveyor, on 03/10/2022 at 4:20 PM, requested a snack policy related to the times of snacks, content of snacks, etc. This request was made to the Administrator and the Regional Nurse Consultant (RNC). They reported the facility currently had no snack policy.
1. Observation, on 03/08/2022 at 12:40 PM, revealed the noon lunch service was beginning at this time, forty (40) minutes late. The last tray was delivered thirty (30) minutes later at 1:10 PM.
Interview with State Registered Nurse Aide (SRNA) #7, on 03/15/2022 at 2:50 PM, revealed the residents were lucky when they received meals on time.
Interview with Resident #5, on 03/15/2022 at 4:08 PM, revealed the 03/13/2022 Sunday night supper was two (2) hours late, being served at 7:00 PM. The resident stated that he/she did not eat the meal because the food was cold. Resident #5 stated around 9:00 PM, he/she was offered a hot hamburger.
Interview with Resident #62, on 03/15/2022 at 4:25 PM, revealed that supper on Sunday night, 03/13/2022, was late because it was not cooked completely. The resident stated he/she was given a hamburger later, after 8:00 PM.
Interview with Family Member #10, on 03/15/2022 at 4:40 PM, revealed that on Friday night (03/11/2022), Resident #64 ate ice cream and chips because the supper tray arrived so late. Further interview revealed that it was apparent the tray had been out for an extended time, as there was so much condensation in the cover lid; and the food and coffee were cold. Family Member #10 stated the grilled cheese sandwich was delivered late and it had been out for so long it was too tough to chew, and this was typical.
Interview with SRNA #10, on 03/16/2022 at 12:19 PM, revealed she was working on Sunday (03/13/2022) when supper was served late. She stated second shift came (6:30 PM) before the second round of trays were out to replace the undercooked meal.
Interview with SRNA #20, on 03/16/2022 at 2:30 PM, revealed that the evening meal on Sunday (03/13/2022) was late and arrived at 5:30 PM; then it was delayed for another hour after the food was noted to be undercooked.
2. Observation, of the reach in refrigerator in the kitchen, on 03/13/2022 at 1:20 PM, revealed that morning snacks, dated 03/13/2022, had not been distributed.
Observation, on 03/14/2022 at 4:15 PM, of the reach in refrigerator in the kitchen revealed the morning snacks, dated 03/13/2022, still had not been distributed and were in the refrigerator.
Interview with Resident #2, on 03/09/2022 at 3:45 PM, revealed the residents did not get snacks regularly.
Interview with Resident #75, on 03/11/2022 at 11:10 AM, revealed residents just started getting snacks recently. The resident stated he/she currently had a tuna sandwich and had cookies yesterday as a snack.
Interview with Environmental Services Employee (ES) #4, on 03/13/2022 at 12:42 PM, revealed the facility had not passed snacks for two (2) years until this week. She stated she knew this was correct because she had worked in the kitchen and knew what occurred.
Interview with SRNA #9, on 03/15/2022 at 9:46 AM, revealed when the SSA Surveyors were not in the facility, residents did not get snacks distributed routinely. However, the SRNA stated when residents asked for snacks, they could obtain them from the hydration room.
Interview with SRNA #7, on 03/15/2022 at 2:50 PM, revealed the facility had never passed out snacks until the SSA Surveyors entered. The SRNA stated she had worked at the facility for five (5) months and had never passed snacks before now.
Interview with Dietary Aide (DA) #1, on 03/16/2022 at 11:16 AM, revealed snacks had not normally been given out on a regular basis until the SSA Surveyors arrived.
Interview with SRNA #10, on 03/16/2022 at 12:19 PM, revealed the current snack distribution was not being done until the SSA Surveyors arrived. The SRNA stated no one got snacks during day shift unless they requested them, not even diabetic residents.
Interview with DA #3, on 03/17/2022 at 8:43 AM, revealed that prior to the arrival of the SSA Surveyors, no snacks were prepared during day shift, but there had been 8:00 PM snacks. DA #3 stated, since the new DM started, there had been more of a struggle to have the items/foods needed for snacks. She stated dietary staff often did not have supplies for sandwiches, and staff asked the DM, on a weekly basis, to order chicken salad or something for sandwiches, but the supplies were not received. DA #3 stated snacks had been a piece of fruit or a small amount of applesauce. She stated, for the 8:00 PM snacks, residents that received thickened liquids should receive a drink, and for the rest, a sandwich or chips for those who had an order for a night time snack.
Interview with the Consulting Registered Dietician (RD), on 03/15/2022 at 11:42 AM, revealed that a substantial evening snack would include a protein, but snack requirements varied. In general, he stated a ¼ cup of applesauce would not meet criteria for a substantial snack for diabetic residents.
Interview with the Advanced Practice Registered Nurse, Family Nurse Practitioner-Certified, on 03/16/2022 at 2:45 PM, revealed a substantial snack for a diabetic resident would be a half sandwich of peanut butter and a piece of fruit or graham crackers and peanut butter and a piece of fruit.
Interview with the DM, on 03/17/2022 at 10:22 AM, revealed the snack policy was that snacks were distributed at 10:00 AM, 2:00 PM, and 8:00 PM. However, she stated snacks had been on hold since before she started as the DM, and the facility had only provided 8:00 PM snacks before her arrival. The DM stated she had a list of the residents with specific orders for bedtime snacks, as well as snacks available in the nourishment rooms. She stated she got other snacks up and running after she started as the DM and kept peanut butter and crackers, milk, sometimes cookies, and fruit for snacks in the nourishment rooms. The DM stated a substantial snack for a diabetic resident would include peanut butter or items that were sugar free. She then stated a sugar free cookie or ½ cup of applesauce was not a substantial snack, and a protein would be needed for a snack to be substantial.
Interview with the Administrator, on 03/19/2022 at 9:35 AM, revealed snacks had been ongoing since she learned they were not being distributed on a regular basis. She stated if a delivered snack was seen as not substantial, there were always snacks available that the nurses could obtain for the residents. She stated as soon as she found out there were no consistent snack times, she ensured snacks would be distributed routinely. In addition, she stated to her knowledge there were never occasions of being out of snack items or supplies for making sandwiches. The Administrator stated the process was that the dietary staff was responsible for checking the snack stock in the nourishment rooms every day.